U.S. Dept. of Education announces rule clarifying athletes can’t be suspended during sex misconduct investigations
WASHINGTON D.C. (WCIA) — The U.S. Department of Education announced a rule that Terrence Shannon Jr. and the University of Illinois already litigated in court.
The rule, part of the changes to Title IX, prevents colleges and universities from suspending students-athletes while investigators affiliated with their college conduct investigations into claims of sexual misconduct against them.
“This landmark civil rights law promises that no person should experience sex discrimination, sex-based harassment or sexual violence in federally-funded education,” U.S. Secretary of Education Miguel Cardona said in a recorded video. “The final regulations we’re announcing today advance that promise. These regulations make crystal clear that all our nation’s students, no matter where they live or who they are, can access schools and are safe, welcoming and respect their rights.”
READ MORE: Finalized Biden Title IX regulations add protections for transgender students
Shannon Jr. was suspended from the University of Illinois’ men’s basketball team late last year after being charged with rape in the State of Kansas. The school cited the Division of Intercollegiate Athletics’ student-athlete misconduct policy. His lawyers sued, and in January a judge ruled he could return to the team.
U of I ended up dropping their investigation against Shannon Jr. earlier this month, as they did not have complete access to the police department’s files nor the woman accusing him of rape. The university did note that the investigation can be reopened if new evidence comes to light.
Other new policies included as a part of the update to Title IX include prohibiting discrimination against LGBTQ and pregnant students and employees.
The burden of proof for discrimination cases was also lowered back to “preponderance of evidence“, versus the higher “clear and convincing evidence” standard of proof.
Athletics eligibility for LGBTQ athletes was not included in the new rules. The department said their proposed rule alone has received more than 150,000 public comments in the past year.
The University of Illinois Urbana-Champaign said in a statement to WCIA the university is reviewing the Final Rule under Title IX of the Education Amendments of 1972 issued by the U.S. Department of Education.
“We are committed to ensuring our policies and practices are in alignment with it,” the university said.
The new Title IX rule goes into effect in August.
This is a developing story that will continue to be updated.
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