Letter Spurs Colleges to Update Rules on Sexual Misconduct

Education officials in Virginia and across the country have been given updated guidance concerning their roles in addressing sexual violence against students. An April 4 letter from the US Department of Education’s Civil Rights Office (CRO) reminds all institutions that receive federal funds - from public school districts to higher-education institutions - of their responsibilities under Title IX, which bars gender-based discrimination.

In December, the University of Virginia began a review of its policies toward sexual-misconduct offenses and proposed several changes. Under the revisions, the university would expand “sexual misconduct” to include any unwelcome sexual behavior, such as stalking, cyberstalking, recording or transmitting sexual images, voyeurism, and the “knowing transmission” of an STD. The university is taking comments on the proposed new guidelines, which it hopes to implement this summer. In response to the CRO letter, U.Va. is changing its evidentiary standard, from the current requirement of “clear and convincing evidence” to “a preponderance of the evidence.”

Officials from the College of William and Mary, Virginia Tech, and Virginia Commonwealth University said recently they would make any necessary changes based on the CRO directives.

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