Since the Title IX Final Rule was released from the Department of Education in May 2020, there has been a court case Victim Rights Law Center et. al.v. Cardona. This court case has removed one of the Title IX Final Rule provisions regarding cross-examination evidence used in decision making.
The Department of Education provided a letter in August 2021, which made clear the removal of a specific provision regarding the cross-examination and relying on statements. Prior to the letter, decision-makers were only allowed to base their decision on a party or witness statement that was made during the live hearing and answered question(s) during the cross-examination. Now a decision-maker may consider statements made by parties or witnesses that are otherwise permitted under the regulations, even if those parties or witnesses do not participate in cross-examination at the live hearing, in reaching a determination regarding responsibility in a Title IX grievance process.
Since the release date, we have been working to update our Florida Poly policies and procedures to align with the removal of the provision, in addition to providing further clarities throughout the policy. The updated policy FPU-1.005P Sexual Misconduct was signed into adoption on Wednesday, Oct. 6, 2021.
During the upcoming semesters, there will be training, educational opportunities, and programming that will go into the details of the policy and procedures.
For more information and resources, please visit the Office of Title IX.
If you have any questions or concerns, feel free to reach out to Michelle Disson, Title IX Coordinator.