Now, under reworked federal rules, alleged student perpetrators will have added protections, including the presumption that they are innocent throughout the disciplinary process and the right to be provided all evidence collected against them. Those students can also cross-examine their accusers and vice versa during live hearings, although it must be done through a lawyer or representative.
…They come after the Education Department “heard from too many students whose careers were tarnished by administrators without any resemblance to due process,” Kenneth Marcus, the agency’s assistant secretary of civil rights, told reporters. “This must stop.”
…Misconduct must fall under certain categories, including unwelcome conduct that is “so severe, pervasive and objectively offensive” that it “denies a person equal access to the school’s education program or activity.”