Skip to content
ADVERTISEMENT
Sign In
  • Sections
    • News
    • Advice
    • The Review
  • Topics
    • Data
    • Diversity, Equity, & Inclusion
    • Finance & Operations
    • International
    • Leadership & Governance
    • Teaching & Learning
    • Scholarship & Research
    • Student Success
    • Technology
    • Transitions
    • The Workplace
  • Magazine
    • Current Issue
    • Special Issues
    • Podcast: College Matters from The Chronicle
  • Newsletters
  • Virtual Events
  • Ask Chron
  • Store
    • Featured Products
    • Reports
    • Data
    • Collections
    • Back Issues
  • Jobs
    • Find a Job
    • Post a Job
    • Professional Development
    • Career Resources
    • Virtual Career Fair
  • More
  • Sections
    • News
    • Advice
    • The Review
  • Topics
    • Data
    • Diversity, Equity, & Inclusion
    • Finance & Operations
    • International
    • Leadership & Governance
    • Teaching & Learning
    • Scholarship & Research
    • Student Success
    • Technology
    • Transitions
    • The Workplace
  • Magazine
    • Current Issue
    • Special Issues
    • Podcast: College Matters from The Chronicle
  • Newsletters
  • Virtual Events
  • Ask Chron
  • Store
    • Featured Products
    • Reports
    • Data
    • Collections
    • Back Issues
  • Jobs
    • Find a Job
    • Post a Job
    • Professional Development
    • Career Resources
    • Virtual Career Fair
    Upcoming Events:
    An AI-Driven Work Force
    AI and Microcredentials
Sign In
News

What You Need to Know About the New Guidance on Title IX

By Katherine Mangan September 22, 2017
DeVos Title IX changes
Chronicle photo by Julia Schmalz

Updated (9/22/2017, 4:46 p.m.) with more detail on several of the answers.

For months, Title IX officers and others who have a stake in how colleges respond to sexual misconduct have anticipated that the Obama-era guidelines for compliance with the federal gender-equity law would be rolled back, but it was unclear how, specifically, the rules would change.

To continue reading for FREE, please sign in.

Sign In

Or subscribe now to read with unlimited access for as low as $10/month.

Don’t have an account? Sign up now.

A free account provides you access to a limited number of free articles each month, plus newsletters, job postings, salary data, and exclusive store discounts.

Sign Up

DeVos Title IX changes
Chronicle photo by Julia Schmalz

Updated (9/22/2017, 4:46 p.m.) with more detail on several of the answers.

For months, Title IX officers and others who have a stake in how colleges respond to sexual misconduct have anticipated that the Obama-era guidelines for compliance with the federal gender-equity law would be rolled back, but it was unclear how, specifically, the rules would change.

The picture became clearer on Friday, when the U.S. Department of Education’s Office for Civil Rights released new directions, in the form of an interim question-and-answer document, that set out the department’s expectations for colleges. Formal rules will be crafted after the department hears from various stakeholders and the public.

At the same time, the department withdrew two documents released by Office for Civil Rights during the Obama administration: a 2011 “Dear Colleague” letter on responding to sexual violence, and a question-and-answer document issued three years later.

Following are a few of the areas where changes announced on Friday are already stirring controversy:

There’s been a lot of talk about the standard of proof needed to find someone responsible for sexual assault. How would that change under the new guidance?

A New Approach to Enforcement on Campus Sex Assault
This collection of Chronicle articles explores what a shift in enforcement of the gender-equity law known as Title IX might mean for sexual-assault survivors, accused students, and colleges.
  • Congress Wants a Say in the Title IX Debate. What Might That Look Like?
  • The Fight Over Title IX Has Reached the Comments Section. Here’s What People Are Saying.
  • New Title IX Proposal Would Restore Fairness in Sexual-Misconduct Cases
  • What You Need to Know About the Proposed Title IX Regulations

The 2011 letter required colleges to adopt a “preponderance of the evidence” standard in administering student discipline, which meant that it was more likely than not that the misconduct had occurred. Some refer to that as a 51-percent standard.

Under the new guidance, colleges have the discretion to apply either that minimal standard or the medium “clear and convincing evidence” threshold. Both are less rigorous than the “beyond a reasonable doubt” standard typically needed for criminal convictions.

ADVERTISEMENT

Advocates for sexual-assault victims worry that making it harder for people to prove their cases could discourage them from reporting, while those who feel too many students are being expelled based on flimsy evidence welcome the more-rigorous standard of proof.

What about mediation as an alternative to a full investigation and adjudication?

The Obama-era guidance said that mediation was not appropriate, “even on a voluntary basis,” in cases involving alleged sexual assault. In cases involving sexual harassment, the Office for Civil Rights said that it was not appropriate for a student who complains of harassment to be required to work out the problem directly with the alleged harasser, at least without a trained counselor or mediator.

Under the new guidance, colleges are allowed to facilitate an informal resolution process, such as mediation, as long as all parties agree to it after getting a full rundown of the allegations and their options for formal resolution. A college would have to determine first that such a process was appropriate for a particular Title IX complaint.

ADVERTISEMENT

Who would have the right to appeal a finding in a sexual-assault case?

Under the earlier guidance, colleges were encouraged to have an appeals process and to make it available to both parties. Under the new guidance, colleges don’t have to allow appeals; if they do, they can decide whether to permit both parties to appeal, or only the accused. Critics of allowing an accuser to appeal a not-guilty finding argue that accused students end up being retried even after they’ve been cleared of wrongdoing.

How would the changes affect the amount of time colleges have to complete an investigation?

Instead of having 60 days, as colleges had under the Obama-era guidance, there would be “no fixed time frame under which a school must complete a Title IX investigation.” The Office for Civil Rights “will evaluate a school’s good-faith effort to conduct a fair, impartial investigation in a timely manner.”

ADVERTISEMENT

Those who favor a faster process say that dragging it out over months or even years is unnecessarily stressful for the parties involved. Others counter that the 60-day time frame created too much pressure to resolve complaints quickly, without affording the parties enough time to present their cases.

Katherine Mangan writes about community colleges, completion efforts, and job training, as well as other topics in daily news. Follow her on Twitter @KatherineMangan, or email her at katherine.mangan@chronicle.com.

A version of this article appeared in the October 6, 2017, issue.
Read other items in A New Approach to Enforcement on Campus Sex Assault.
We welcome your thoughts and questions about this article. Please email the editors or submit a letter for publication.
Tags
Law & Policy Political Influence & Activism
Share
  • Twitter
  • LinkedIn
  • Facebook
  • Email
mangan-katie.jpg
About the Author
Katherine Mangan
Katherine Mangan writes about community colleges, completion efforts, student success, and job training, as well as free speech and other topics in daily news. Follow her @KatherineMangan, or email her at katherine.mangan@chronicle.com.
ADVERTISEMENT
ADVERTISEMENT

More News

Photo illustration showing Santa Ono seated, places small in the corner of a dark space
'Unrelentingly Sad'
Santa Ono Wanted a Presidency. He Became a Pariah.
Illustration of a rushing crowd carrying HSI letters
Seeking precedent
Funding for Hispanic-Serving Institutions Is Discriminatory and Unconstitutional, Lawsuit Argues
Photo-based illustration of scissors cutting through paper that is a photo of an idyllic liberal arts college campus on one side and money on the other
Finance
Small Colleges Are Banding Together Against a Higher Endowment Tax. This Is Why.
Pano Kanelos, founding president of the U. of Austin.
Q&A
One Year In, What Has ‘the Anti-Harvard’ University Accomplished?

From The Review

Photo- and type-based illustration depicting the acronym AAUP with the second A as the arrow of a compass and facing not north but southeast.
The Review | Essay
The Unraveling of the AAUP
By Matthew W. Finkin
Photo-based illustration of the Capitol building dome propped on a stick attached to a string, like a trap.
The Review | Opinion
Colleges Can’t Trust the Federal Government. What Now?
By Brian Rosenberg
Illustration of an unequal sign in black on a white background
The Review | Essay
What Is Replacing DEI? Racism.
By Richard Amesbury

Upcoming Events

Plain_Acuity_DurableSkills_VF.png
Why Employers Value ‘Durable’ Skills
Warwick_Leadership_Javi.png
University Transformation: a Global Leadership Perspective
  • Explore Content
    • Latest News
    • Newsletters
    • Letters
    • Free Reports and Guides
    • Professional Development
    • Virtual Events
    • Chronicle Store
    • Chronicle Intelligence
    • Jobs in Higher Education
    • Post a Job
  • Know The Chronicle
    • About Us
    • Vision, Mission, Values
    • DEI at The Chronicle
    • Write for Us
    • Work at The Chronicle
    • Our Reporting Process
    • Advertise With Us
    • Brand Studio
    • Accessibility Statement
  • Account and Access
    • Manage Your Account
    • Manage Newsletters
    • Individual Subscriptions
    • Group and Institutional Access
    • Subscription & Account FAQ
  • Get Support
    • Contact Us
    • Reprints & Permissions
    • User Agreement
    • Terms and Conditions
    • Privacy Policy
    • California Privacy Policy
    • Do Not Sell My Personal Information
1255 23rd Street, N.W. Washington, D.C. 20037
© 2025 The Chronicle of Higher Education
The Chronicle of Higher Education is academe’s most trusted resource for independent journalism, career development, and forward-looking intelligence. Our readers lead, teach, learn, and innovate with insights from The Chronicle.
Follow Us
  • twitter
  • instagram
  • youtube
  • facebook
  • linkedin