Over the past several years, MLO has become very active in the representation of students in college disciplinary proceedings, and where claims of sexual misconduct are involved, we have assisted students who are either accused of, or who have brought forth allegations of, such misconduct.  The problem of sexual assault on college campuses has become a huge issue, with alarming statistics being published about its frequency, and with 227 colleges and universities currently under investigation by the United States Department of Education with respect to potential failures to adhere to Title IX policies in the investigation and adjudication of complaints of sexual misconduct. Over the past several years, and especially beginning with a "Dear Colleague Letter" of the United States Department of Education in April, 2011, efforts have been made to clarify and formalize University investigation and adjudication procedures in these matters. These efforts have been highly controversial, particularly regarding the use of a lower standard of proof to establish responsibility in these disciplinary proceedings (a preponderance of the evidence) versus the standard found in criminal prosecutions (beyond a reasonable doubt). During this time frame, DOE has also indicated that both parties are permitted to be accompanied to proceedings by legal counsel, and the need for expeditious decision-making in the investigation and adjudication of these cases goes well beyond the time frames found in criminal proceedings. A variety of other issues have also proven controversial, such as the extent of confidentiality, the ability to confront accusers, the use of forensic evidence, appeal procedures, interplay with criminal investigations, etc.

            The new administration in Washington is beginning to hear loud and clear from all stakeholders on this issue - universities, advocacy groups (especially for women) Title IX administrators, university professors, and interested lawyers. Any effort to modify the current array of procedures required by DOE will be met with opposition from one group or another, and one thing is certain - not everyone will be pleased with either the status quo or with changes to the system, and any action by DOE regarding Title IX and sexual assault proceedings will be politically charged and controversial. Stay tuned to our email broadcasts for developments as they occur.