Here is an example of due process at UT Austin should someone file a sex discrimination complaint: (University of Texas at Austin, 2022)

1. File a complaint

2. Acknowledgment of complaint from Dean of Students within 5 days

3. Evaluation of Complaint

4. Notify Defendant with Written Notice of Formal Complaint

5. Investigate by gathering evidence in the form of interviews, responding statements, and witnesses (not limited to)

6. Live Hearing 

1. Cross-examination allowed

7. Determination of ruling from a hearing officer

2. If found guilty, students, staff, and faculty have each are reported to different departments.

8. Option to appeal

Emerging Issue: In 2024, the Federal government released new regulations, which resulted in more protection for students and employees at institutions with “sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity” (34 C.F.R. § 106.10). However, in Texas, Senate Bill 17 restricts institutions that receive state funding to give special assistance and accommodations to students based on specific individuals based on race, gender, sexual orientation, and ethnicity (Tex. Educ. Code § 51.3525). What this poses for institutions is unclear boundaries between the federal and state governments on how to follow due process procedures. Title IX coordinators may fear the risk of non-compliance or legal violations should they not have the best guidance. 

References: 

• Grievance procedures for the prompt and equitable resolution of complaints of sex discrimination, 34 C.F.R.§ 106.10

• Responsibility of governing board regarding diversity, equity, and inclusion initiatives, Tex. Educ. Code § 51.3525

• University of Texas at Austin. (2022). Handbook of operating procedures. https://secure4.compliancebridge.com/utexas/public/getdoc.php?file=3-3031 

Link: https://www.aaup.org/report/due-process-sexual-harassment-complaints

Citation: American Association of University Professors. (1994). Due process in sexual-harassment complaints. AAUP. https://www.aaup.org/report/due-process-sexual-harassment-complaints

• These advisements presented are: 

  • Allowing a single-investigator model: This means that the Title IX coordinator can serve as the case's administrator and investigator. 

  • Withdrawing cross-examination, expert witnesses, and live hearings. 

  • Recommending “preponderance of evidence,” meaning that if the evidence is more than 50% clear, they can favor the side with more relative evidence. 

• Although these are helpful on the administrative side, the article points out that these rules undermine the validity of due process and the fairness of a trial. The article also points out that adopting these standards puts universities at risk of compliance, legal issues, and conflicts with the standards they are meant to uphold. 

Link: https://www.insidehighered.com/opinion/views/2024/05/08/title-ix-regs-beware-weakening-due-process-opinion 

Citation: Funk, M. (2024). With title IX regs, beware weakening due process (opinion). Inside Higher Ed | Higher Education News, Events and Jobs. https://www.insidehighered.com/opinion/views/2024/05/08/title-ix-regs-beware-weakening-due-process-opinion

Link: https://www.insidehighered.com/news/government/2024/04/19/biden-administration-finalizes-title-ix-overhaul 

Citation: Knott, K. (2024, April 19). New Title IX Rules Are Out. Here’s What You Need to Know. Inside Higher Ed. https://www.insidehighered.com/news/government/2024/04/19/biden-administration-finalizes-title-ix-overhaul

Link: https://constitution.congress.gov/browse/essay/amdt14-S1-3/ALDE_00013743/ 

Brief Summary: The Fourteenth Amendment contends that no state person shall be revoked of “life, liberty, or property” without due process of law. The “state” applies to any entity that must follow state authority, which would mean public universities and schools or local governments that must adhere to the constitution. In terms of colleges, students have a stake in their education, which is part of the liberties people are granted. Therefore, due process ensures that students can defend themselves with a fair process before disciplinary action is taken against them. 

Brief Summary: Title IX under the Education Amendments of 1972 outlines that individuals should not be discriminated against based on their sex or ”denied benefits” if it is an educational institution that receives federal government funding. Although it does specifically say the words “due process,” students’ benefits would imply a process to defend themselves against allegations that fall under Title IX, which includes sexual harassment and discrimination cases. Since this is a government institution, it would also fall under state authority, implying that they must follow the Fourteenth Amendment as well. 

Link: 

https://www.ecfr.gov/current/title-34/subtitle-B/chapter-I/part-106/subpart-D/section-106.45

Brief Summary: Section 106.45 of the Code of Federal Regulations outlines procedures for ensuring due process in student conduct cases. Within these regulations, students must be treated equitably and assumed innocent until proven guilty. There must be a reasonable timeframe for the investigation and decisions regarding the case. Furthermore, there are measures to take regarding complaints, notice of allegations, the privacy of students, evaluations and investigation of evidence, and appeals. All of these specifically have guidelines that a Title IX office or coordinator would follow at an educational institution. 

Citation: Plummer vs. University of Houston, Volume 860 F.3d 767, (2017) 

Link: https://law.justia.com/cases/federal/appellate-courts/ca5/15-20350/15-20350-2017-06-23.html 

Brief Summary: Two students at the University of Houston were accused of sexual misconduct and were subjected to disciplinary processes according to policy. The students appealed to the 5th circuit and argued that the university did not allow students to have due process rights. The Fifth Circuit contended that universities and educational institutions do not have to follow all courtroom procedures, thus finding that the students received fair due process rights. This case is important because it establishes a standard for how Title IX due process procedures are dealt with on public university campuses. 

The policies in the University of Texas at Austin’s handbook of operating procedures have very specific statements, responsibilities, and guidelines for intervening in sex discrimination cases. 

Notably, the procedures are outlined very similarly to the Code of Federal Regulations but even go into more detail, such as live hearings, alternative resolutions, and appeals as part of students' due process rights. 

Citation: American College Personnel Association. (n.d.). Statement of Ethical Principles & Standards. ACPA. https://myacpa.org/competencies/