Carleton comments on proposed changes to sexual misconduct requirements for colleges

On November 16, 2018, the U.S. Department of Education issued draft proposed regulations regarding the statute that prohibits sex discrimination in federally-funded education programs, known as Title IX. Under those proposed regulations, educational institutions would be required to respond to sexual harassment and sexual assault that occurs within its “education program or activity.” However, although they may no longer be required by law to play a role in off-campus sexual misconduct, institutions aren’t likely to fully separate themselves from situations that impact their students – no matter where or when they take place.

In the Inside Higher Ed article, “What the DeVos Title IX Rule Means for Misconduct Off Campus,” attorney Melissa Carleton urges college and university administrators to take their time as they are considering editing their campus misconduct policies in response to the proposed changes. Instead, policy revisions should be a “consensus-building process” integrating what “the campus community [has] to say.”