University of Minnesota regents on Thursday approved several changes to the way the school handles campus sexual misconduct complaints, from establishing a single standard of proof in all misconduct hearings to creating a committee of faculty, staff and students to serve as case decisionmakers.
The changes made to the U's policies, procedures and employment rules were necessary for the school to comply with new federal Title IX regulations, which take effect Aug. 14. U.S. Education Secretary Betsy DeVos has said the new regulations aim to better balance the rights of alleged victims and the due process rights of the accused.
The new U.S. Department of Education rules require that schools guarantee every student the right to cross-examine and challenge evidence at a live hearing. But the requirement shields survivors from having to come face to face with or answer questions from the accused.
At the U, the standard of proof known as "preponderance of evidence" will be applied to all sexual misconduct matters involving students, staff and faculty. Under this standard, U officials must decide if it was "more likely than not" that a violation occurred.
The U will create a single, systemwide grievance policy for faculty, staff and students on its five campuses. Previously, the university had different grievance procedures for students and employees and different processes to challenge discipline for each employee class, none of which complied with the new rules.
A systemwide committee of trained faculty, employees and students will sit in on live hearings and determine disciplinary sanctions.
Advisers and attorneys will be allowed to fully participate in all sexual misconduct hearings. They were previously only allowed to participate in hearings involving student respondents. The university will be required to provide advisers to conduct cross-examination on behalf of parties who do not have one.
