The U.S. Department of Education recently released new guidelines for handling sexual harassment and sexual assault on college campuses. The new guidelines, issued in a “Dear Colleague” letter, address several issues. Among other things, they specify that a school is responsible for investigating and addressing sexual violence, regardless of whether there’s a separate criminal investigation. Schools must also use the preponderance of the evidence standard (rather than clear and convincing evidence) in grievance proceedings that concern sexual harassment or sexual assault. The letter also includes examples of remedies and enforcement strategies that schools and the department may use.
The department’s authority for enforcing these requirements is found in Title IX of the Education Amendments of 1972, which prohibits sex-based discrimination in education programs or activities operated by recipients of federal financial assistance (which includes almost all colleges and universities). Such discrimination includes sexual harassment and sexual violence.
