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Constitutional Law

Sep. 26, 2023

Private universities’ efforts to encourage sexual assault reporting without guaranteed immunity

The question arises whether universities should provide warnings about potential liability alongside their legally mandated steps to encourage reporting of Title IX violations.

Karin Sweigart

Counsel
Dhillon Law Group Inc.

She support's the Dhillon Law Group's litigation and appellate practice with an emphasis on constitutional law, free speech, defamation, anti-SLAPP, and election law. She has experience managing litigation in state and federal court, appellate courts, and before administrative agencies.

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Whether accused students should have the right to cross examine their accusers in university Title IX proceedings has been a politically charged topic in recent presidential administrations. Trump-era Department of Education (DOE) regulation 34 C.F.R. § 106.45(b)(6)(i) stated, among other requirements, that decision-makers "must permit each party's advisor" the ability to cross examine the other party and any witnesses. The Biden administration, after a July 2021 Mas...

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