Current Law for Cross-Examination in Student Sexual Misconduct Hearings

How do institutions of higher education handle allegations of student-on-student sexual misconduct? Sean Flammer joins Rocky Dhir to talk through this legal process as outlined in his article in the March edition of the Texas Bar Journal. Sean explains how new Title IX regulations beginning in August 2020 have affected cross-examination requirements in misconduct hearings and what concerns around due process that have arisen in the wake of these changes. Sean offers insights on how the current system works and whether it effectively balances the needs and rights of complainants and respondents. Sean Flammer specializes in Title IX, student affairs disputes, employment issues, constitutional litigation, and general litigation.