Dept. of Education Announces Plan to Restore Kangaroo Investigations
Apr 6, 2021 —
This morning the Dept. of Education released a letter announcing its plan to review the new Title IX regulation, with the intention of restoring the notorious Kangaroo investigations and adjudications.
- The Dept. of Education letter does not include a single mention of the words, Due Process, Presumption of Innocence, or Impartial Investigations.
From 2011 to 2019, the Dept. of Education undertook a bold experiment in campus jurisprudence, which turned out to be a total failure. Last August, a new Title IX regulation took effect that mandated impartial and fair investigations -- see below.
But the Dept. of Education apparently wants to see guilt-presuming, victim-centered, trauma-informed, and Start by Believing investigations, instead.
Please pass along this message to your friends. We cannot allow this to move forward.
NEW TITLE IX REGULATION MANDATES IMPARTIAL INVESTIGATIONS
Section 106.45 (b)(1): A recipient’s grievance process must—
(i) Treat complainants and respondents equitably….
(ii) Require an objective evaluation of all relevant evidence—including both inculpatory and exculpatory evidence—and provide that credibility determinations may not be based on a person’s status as a complainant, respondent, or witness;
(iii) Require that any individual designated by a recipient as a Title IX Coordinator, investigator, or decision-maker, or any person designated by a recipient to facilitate an informal resolution process, not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. A recipient must ensure that Title IX Coordinators, investigators, decision-makers, and any persons who facilitate an informal resolution process, receive training on….. how to serve impartially, including avoiding prejudgment of the facts at issue, conflicts of interest, and bias… recipient also must ensure that investigators receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence….Any materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process, must not rely on sex stereotypes and must promote impartial investigations and adjudications of formal complaints of sexual harassment;
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