College Athletes Can Play During Sexual Misconduct Inquiries Under Title IX Revision

Colleges cannot discipline student-athletes accused of sexual misconduct until an investigation into the allegations is complete, according to a Title IX regulation issued Friday by the U.S. Department of Education.

The rule will allow student-athletes under investigation for sexual misconduct to continue to play, according to ESPN's ESPN's Paula Lavigne.

The updated rule, which is set to go into effect August 1, states that student-athletes accused of sexual misconduct will not be presumed guilty until the investigation has concluded.

Investigators will then be required to prove allegations submitted under Title IX under "a preponderance of the evidence standard," according to the DOE.

This standard, which allows a case to stand if the plaintiff has even slightly more evidence than the defendant, presents a less strict standard for evidence than the previous "clear and convincing" rule, Lavigne noted.

The DOE also adjusted the live hearings allowed as part of Title IX investigations to give both parties a chance to submit questions.

These changes address Title IX investigation standards that have been under scrutiny during an ongoing criminal case against Illinois basketball player Terrence Shannon Jr., who was briefly suspended after he was accused of sexual assault in December.

Shannon's position on the team was then reinstated by a federal judge who cited the player's NIL profits in his decision to block Illinois' suspension, according to USA Today's Josh Peter.

In an email reported by Lavigne, Richard Olshak, Director of Title IX Compliance at Texas A&M, said the new rule would help stop others from perceiving the Title IX process as "punishing or retaliatory," but noted that the process had been complicated by the rising popularity of NIL deals.

NIL deals, Olshak wrote, present "a property interest that seems to be in some conflict with the long-held idea that participation in athletics is a privilege as opposed to a right."

The DOE regulations released Friday did not create any new regulations regarding transgender athletes, but did state that Title IX protections prohibit discrimination based on sexual orientation and gender identity as well as sex.