September 10, 2021
Recently, a federal that one part of the Department of Education鈥檚 2020 federal Title IX regulations was 鈥渁rbitrary and capricious鈥� and set it aside. The Department of Education then issued a stating that the Department would immediately stop enforcing that part of the 2020 Title IX regulations. 蘑菇视频 will similarly stop enforcing that arbitrary and capricious provision.
Before it was deemed unlawful, this provision鈥攕ometimes called the 鈥渟uppression provision鈥濃�攑revented a decision maker (at 蘑菇视频, the hearing officer) from considering as evidence any statements a party or witness made outside of the hearing unless that party or witness testified and answered all questions asked of them during a hearing.
蘑菇视频 included this provision in the Student Conduct Code (WAC 478-121-675(1)) and Executive Order No. 70, the code and policy that were implemented at 蘑菇视频 to comply with the 2020 federal Title IX regulations. However, this code and policy apply only when the regulations are deemed enforceable by law and/or by United States courts.
Going forward, the suppression provision will no longer be enforced. A 蘑菇视频 hearing officer may now consider statements a party or witness made outside of the hearing鈥攕uch as to an investigator or in a text message鈥攕o long as those statements are considered relevant, admissible evidence even if/when that party or witness does not testify. If a current investigation includes allegations of conduct prohibited by the federal Title IX regulations, parties will be notified immediately of this change.