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Now, colleges must decide cases through a hearing, which may be done virtually. The final rules reflected most of those proposed in 2018. They would for the first time require colleges and universities to allow cross-examination during mandatory live hearings in misconduct cases, though parties would not question each other directly. As the Obama administration cracked down on college sexual assault with tougher rules, more investigations and heavier sanctions against colleges deemed lax on the issue, hundreds of alleged offenders across the nation fought back with lawsuits saying their due process rights were violated in a rush to unfair judgments. «Betsy DeVos and the Trump administration are dead set on making schools more dangerous for everyone — even during a global pandemic,» Fatima Goss Graves, president of the National Women’s Law Center, said in a statement. Title IX prohibits sex discrimination in education by schools that receive federal funding. Sokolow said one area of likely litigation would be whether the Department of Education had the authority to adopt rules on due process
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