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Guillermo: Accused Students Get Rare Title IX Protection

In the ongoing fight against sexual misconduct on college campuses, those who simply advocate a just and fair system can claim a victory this week in Delaware.

Wesley College in Dover, Delaware, is one of the first colleges in America to have been found in violation of the sexual violence and sexual harassment provisions of Title IX when it comes to protecting the rights of accused students.

101716_wesley_collegeIn an official release, the U.S. Department of Education’s Office for Civil Rights (OCR) found that a Wesley College student accused of sexual misconduct “was not provided a full opportunity to respond to the charges, rebut the allegations, or defend himself at his hearing.”

The investigation prompted the announced agreement between the OCR and the college.

“With this agreement, Wesley College undertakes a strong commitment to equitably address sexual violence and sexual harassment for all parties, including both accused students as well as accusers, consistent with the fairness mandate of Title IX,” said Catherine E. Lhamon, assistant secretary for civil rights. “I look forward to continuing to work with Wesley College to support its efforts to ensure student safety, including through promoting processes all students can believe in to protect their rights.”

The OCR’s investigation focused on a complaint by a student accused of sexual misconduct who claimed the college did not fully investigate the allegations against him. The student said he was wrongly charged and expelled within seven days in April 2015, prior to his graduation. The investigation found three other students were similarly accused and punished in connection to the case.

The OCR concluded Wesley failed to give the accused students “essential procedural protection” in violation of Title IX, as well as violated safeguards within the school’s own disciplinary policies.

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