Peter F. Lake says class actions and pending rules could change colleges’ sex assault procedures
By Wendy Davis
ABA Journal
April 1, 2020
Excerpt
After the Department of Education finalizes new rules, the groups are expected to bring new lawsuits.
Numerous others—ranging from men’s rights groups to colleges to individual states—may well bring their own legal challenges, predicts Peter Lake, a professor at Stetson University College of Law and expert in Title IX compliance.
Groups representing accused students will likely argue that the new regulations still don’t do enough to guarantee due process, Lake predicts, while victims might claim their rights have been compromised.
He adds that litigation surrounding the regulations could be protracted, with judges upholding some provisions but sending others back to the Department of Education for revisions.
“This could take years,” Lake says. “This mess is probably going to end up in a variety of very esoteric cases involving the Supreme Court.”
This article was originally published on the ABA Journal website on April 1, 2020, with the headline, “Class actions and pending rules could change colleges’ sex assault procedures.”
Post date: April 1, 2020
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