Important Update to Grievance Procedures
On July 28, 2021, a federal district court in Massachusetts issued a decision in Victim Rights Law Center et al. v. Cardona, No. 1:20cv-11104, 2021 WL 3185743 (D. Mass. July 28, 2021) vacating the part of 34 C.F.R. Section 106.45(b)(6)(i) that prohibits a decision-maker from relying on statements that are not subject to cross-examination during the hearing. In a subsequent order issued on August 10, 2021, the court clarified that its decision applied nationwide.
This means that during MSU's Title IX grievance proceedings, a decision-maker may now consider statements made by parties or witnesses that are otherwise permitted under the regulations, even if those parties or witnesses do not participate in cross-examination at the live hearing, in reaching a determination regarding responsibility. More information, including examples of what may now be considered by the decision-maker, can be found in an August 24, 2021 U.S. Department of Education letter (located here).
MSU's Procedure continues to prohibit any individual from providing testimony at the hearing if that individual did not participate in the investigatory process.