Elementary and Secondary School Proceedings: Different Process Than Higher Ed?

Filed Under: K12
Question:

Do the provisions in the Title IX regulations regarding a complainant’s prior sexual history and sexual predisposition apply at both the elementary and secondary school and postsecondary levels?

Answer:

Yes. The Title IX regulations state that with or without a hearing, questions and evidence about the complainant’s sexual predisposition are never relevant, and questions and evidence about a complainant’s prior sexual behavior are not relevant unless such questions and evidence are offered to (1) prove that someone other than the respondent committed the conduct alleged by the complainant, or (2) if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent. 34 C.F.R. § 106.45(b)(6)(i)-(ii). The same requirements apply at all educational levels and to all recipients whose education programs or activities are covered by Title IX.

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