In 2020, the U.S. Division of Training carried out a rule change that prevented faculties from handing down “disciplinary, punitive or unreasonably burdensome” sanctions throughout sexual misconduct investigations. Eradicating an athlete from a sports activities workforce was among the many actions that may very well be thought-about unreasonable beneath the brand new coverage, sparking criticism that due course of rights had been strengthened an excessive amount of.
Final 12 months, ESPN reported that a number of coaches have been compelled to maintain gamers on their rosters in opposition to private needs as a result of Title IX pointers. The rule doesn’t outright prohibit suspending a participant following an allegation, however the faculty should present that the athlete poses a right away risk to a private’s bodily well being or security — a excessive commonplace to attain.
The Trump administration modifications additionally narrowed the definition of sexual harassment, excluded sexual misconduct that happens off campus from Title IX oversight (until it’s “together with an training program or exercise”), and required reside hearings to have a chance to cross-examine accusers. President Joe Biden vowed to overturn Trump’s insurance policies throughout his 2020 marketing campaign, however he has but to ship on that promise. His proposed reforms have been presupposed to take impact in Might, however he missed that deadline and seems prone to miss the upcoming October deadline as effectively, which means change may not come till subsequent 12 months. The delay is partly as a result of the truth that workers members should evaluate and reply to just about 250,000 feedback relating to the draft rule.
Mikuta competed on the 2023 SEC Championships in February and NCAA Championships in March, greater than 4 months after police obtained a delayed report that he had intercourse with a feminine “who was incapable of consent by purpose of being bodily helpless or mentally incapacitated” in October.
A 21-year-old breaststroke specialist, Mikuta helped the Tigers obtain their first top-10 end at NCAAs since 2016 in March, then entered the switch portal for the 2024-25 season in July after a deliberate Olympic redshirt 12 months this season.
On Tuesday, Mikuta was arrested for first-degree rape in Lee County, Alabama, following a grand jury indictment earlier this month. An Auburn spokesperson stated he’s not a scholar on the college, however declined to supply any further particulars. Auburn additionally denied SwimSwam’s open information request for extra info on the college’s investigation into Mikuta, citing FERPA.
Lee County Circuit Decide Christopher Hughes reportedly recused himself as a result of his legislation clerk is married to an Auburn Title IX investigator with data of the case.
“Too many college students have misplaced entry to their training as a result of their faculty inadequately responded when a scholar filed a criticism of sexual harassment or sexual assault,” former training secretary Betsy DeVos stated again in 2020. “This new regulation requires colleges to behave in significant methods to assist survivors of sexual misconduct, with out sacrificing vital safeguards to make sure a good and clear course of.”
One among Mikuta’s current retweets on the platform previously generally known as Twitter was a publish by Andrew Tate warning that “no one is protected” from false sexual assault allegations. Analysis has proven that charges of false reporting are literally low — between 2-10%, on par with false reporting charges for different crimes.