General?Ken?Paxton?today led 15 states in an amicus brief filed in the United
States District Court in the Southern District of New York, defending the
Department of Education’s reaffirmation of Title IX’s
commitment to protecting students from actual harassment while
upholding free speech and fair process. The Department of Education’s
“Final Rule” bolsters the anti-discrimination purposes of Title IX without
infringing free speech or due process rights.
“The Constitution applies to every
American, and the Department of Education’s ‘Final Rule’ provides robust
protection for individual rights where previous regulations and guidance
failed. The Supreme Court has long recognized that students subject to disciplinary
proceedings are entitled to due process,” said Attorney General Paxton.
“Academic institutions cannot unlawfully deprive students of their
constitutional rights to free speech, due process, or fair trial.”
Without safeguards, academic
institutions can and have eschewed due process and imposed
life-altering consequences on students without affording them the opportunity
to defend themselves. The vast majority of colleges and universities
currently deny students the right to present evidence or cross examine
witnesses, and less than half require that fact-finders be impartial during
Read a?copy of the
amicus brief here.