STATEMENT OF JOSHUA ENGEL ON PROPOSED DEPARTMENT OF EDUCATION TITLE IX REGULATIONS

Managing partner Joshua Engel issued a statement on the Biden Administration’s proposed Title IX Regulations.

• The full statement is available here: https://engelandmartin.com/wp-content/uploads/2022/06/Engel-Statement-DOE-Regulations.pdf

Engel has argued some of the most important Title IX appellate cases addressing the rights of both students accused of misconduct and alleged victims, including Doe v. University of Cincinnati, Doe v. University of the Sciences, Plummer v. University of Houston, and Foster v. University of Michigan.   

Engel emphasized that he shares the concerns about the prevalence of sexual assault on campus that motivated the actions of the Department of Education. Engel observed that he has “seen significant violations of due process norms in pursuit of these goals.”

Engel said:

The various due process protections that will be eliminated or cut back enhance both the truth finding function and faith in institutions.  I fear that the proposed regulations will harm both victims and offenders by reducing the accuracy and reliability of investigations and adjudications….    [D]ue process protections should be seen as supporting victims by enabling all parties to be heard, bolstering the search for the truth, and increasing the credibility of outcomes.