The official answer is no. Recognizing the importance of the Fifth Amendment right to silence, the new regulations prohibit a school from drawing any inference about responsibility for a policy violation from a party’s refusal to participate in the process. However, on a practical level, respondents who do not participate in the process generally do not fare well because the claims remain unchallenged.
CATEGORIES
Recent Posts
- When Can Parents Sue a School for Sexual Abuse?
- Gold Standard Science Order Doesn’t Alter How Colleges Handle Misconduct Matters
- Kristina Supler Named Education “Lawyer of the Year” By Best Lawyers® 2026
- Back-to-School Risks You Might Not See Coming (and How to Avoid Them)
- How Title IX Helps Online Students Against Cyberbullying