Interesting with recent Guice allegations, apparently new federal rules come into play

when investigating these type claims going forward


Among the changes made to LSU’s sexual misconduct policy, will be to shift the investigator’s responsibility from a determination role to a “fact-finding” role. It also requires that the university provide cross-examinations in front of a hearing panel during investigations, with both parties required to have a third-party adviser. The hearing panel will now determine disciplinary actions rather than the sole investigator.


“What it shows is an opportunity for one party to be represented by counsel while the other party may choose someone who is not counsel (such as a family member) to be their adviser,” says LSU Title IX coordinator Jennie Stewart. “So, I would be concerned from across the country that socioeconomic equity may come into play in these cases.”

Title IX is a federal gender-equity law that mandates university investigations in cases of alleged sexual harassment, assault and rape by students. The U.S. Department of Education changed the rules for these investigations last May in order to “offer an equal right of appeal for both parties.”

Other changes include no longer having universities investigate sexual misconduct that occurs in off-campus apartments or during study-abroad trips. The new regulations also eliminate the designation of “mandated reporter” for most university employees, meaning they are no longer required to report sexual misconduct allegations that they hear. The language behind what constitutes sexual misconduct has also changed, requiring that evidence be “clear and convincing” rather than “more likely than not.”