The Department of Education’s Title IX updates allow student-athletes accused of sexual misconduct to compete during investigations

The GIST: On Friday, the U.S. Department of Education released updates to Title IX regulations that allow student-athletes accused of sexual misconduct to avoid suspension until university investigations conclude. The amendment, an update to the preexisting “due process provision,” will go into effect on August 1st.

The details: The due process provision was first established to protect students’ rights in 2020, and the update simply clarifies school protocols. It also includes changes favorable to survivors: expanding the scope of investigations, lowering the evidentiary standard of misconduct, and eliminating requirements for live hearings with cross-examination, which can be harmful to survivors.

• Importantly, the new protection from suspension update does not apply to athletes who are deemed immediate threats to others’ health or safety — these offenders can be removed from teams before investigations finish.

• Although it’s frustrating to know that accused players will remain in competition, these regulations do provide consistency across institutions and, hopefully, will encourage prompt, efficient investigations.

Zooming out: The new regulations clarify that the January ruling ending Illinois men’s basketball player Terrence Shannon Jr.’s suspension, despite his ongoing rape investigation, was correct, and expands that standard to all future athletes under investigation.

• This update is especially necessary now that name, image, and likeness (NIL) deals mean suspensions could result in financial losses, creating all sorts of legal challenges for institutions — especially if athletes like Shannon are eventually acquitted.