These outcomes can include suspending or expelling a student from the college. The decision-maker must be a university employee, and he or she is tasked with deciding the outcome of a Title IX hearing. The 2020 Title IX rule, created by former Education Secretary Betsy DeVos, required colleges to identify a decision-maker for each Title IX hearing. The same is true for other written statements, including police reports. For instance, officials could not rely on the contents of a text message to decide the outcome of a hearing unless the person who wrote that message was willing to answer questions about it.
The specific provision blocked Title IX officials from deciding the outcome of a hearing based on statements made by people who were not willing to be cross-examined. The Department of Education has announced that it is no longer enforcing a piece of the Trump-era Title IX rule that helped protect due process rights for students.
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