Here's how the new Title IX regulations will affect sexual assault cases on campus

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Marissa Pollick, J.D., University of Michigan

(THE CONVERSATION) Editor’s note: Education Secretary Betsy DeVos released new regulations on May 6 that govern how sexual assault investigations are handled on college campuses. We asked Marissa Pollick, a University of Michigan lecturer and attorney who specializes in compliance with Title IX – the federal law that governs gender discrimination on campus – to explain what the new regulations mean for accusers and the accused.

1. Has the definition of sexual harassment become more narrow?

Yes. Under the prior guidance, a single incident, if severe enough, might meet the definition of sexual harassment. The new rules state that sexual harassment must be unwelcome conduct that is so “severe, pervasive and objectively offensive” that it effectively denies a person access to the school’s education programs or activities. An isolated incident of unwelcome remarks of a sexual nature, for example, would not meet the revised definition. The new rules also clarify the sexual harassment definition to specifically include sexual assault, dating violence and stalking, which need not satisfy the severe and pervasive standard.

2. How do the new regulations affect victims?

Victim advocates are concerned that the new rules will discourage victims from coming forward. As before, educational institutions, public and private, that receive federal funds must have a Title IX policy that addresses sexual misconduct. Under the new rules, colleges and universities must now conduct live hearings with cross-examination in connection with sexual misconduct complaints. Critics believe this will intimidate and cause further...