Student sues Princeton over DeVos’ proposed Title IX changes

A male undergraduate accused of sexual misconduct has filed a lawsuit seeking to block the University from conducting an investigation until the new rules proposed by Secretary of Education Betsy DeVos take effect.This is likely the first time that the proposed rules could directly impact a Princeton investigation into sexual misconduct. A federal judge is expected to decide soon whether the University must halt the investigation until the proposed rules take effect.The lawsuit was filed November 28, less than two weeks after the Trump administration announced potential changes for how colleges investigate sexual misconduct, including a requirement that students’ advisors get the chance to cross examine victims.Princeton’s Title IX investigators originally sought to interview the student in late November, and Princeton granted a delay until the student filed the lawsuit. It is unclear whether the University’s investigation currently in process.“Doe does not contend—nor could he—that Princeton’s procedures are inconsistent with the current Title IX requirements,” the University wrote in a court filing opposing the suit. “Princeton must comply with current law.”The male undergraduate filed the lawsuit anonymously, as a John Doe. The misconduct allegedly occurred during the spring semester of 2017, according to a court filing, and Princeton opened a formal investigation in November 2018.Students who report sexual misconduct are not cross-examined by representatives of the accused under Princeton’s current process, as they would be in a criminal trial or under the proposed rule changes. Advocates for survivors of sexual assault have said that cross examinations could discourage people from reporting assaults.DeVos announced her proposed changes to Title IX guidance on November 16. Other proposed changes would make it more difficult to find students responsible for misconduct. They are still under a review period, and final changes have not been announced.Attorneys for Princeton and the student gave their arguments on delaying the investigation during an hourlong hearing in federal court on December 21. The judge, Michael A. Shipp, has not released his decision.[UPDATE]: A federal judge has ruled that Princeton's Title IX investigation can proceed.[Ethan Sterenfeld ’20 contributed reporting and writing.]