Final Title IX Regulations Released

The Department of Education has released the long-anticipated final Title IX regulations on campus sexual assault.  Despite NAICU’s request that Secretary Betsy DeVos delay publication and implementation of the regulations until the COVID-19 crisis has passed, the effective date of the new rules is August 14, 2020.
 
The Title IX regulations are expected to radically transform how colleges and universities handle sexual misconduct cases by imposing strict new procedural requirements that institutions must follow when addressing such complaints. The regulations are both lengthy – a total of 2,033 pages – and complex.
 
Based on NAICU’s preliminary review, the final regulations appear to bear a close resemblance to the proposed regulations that were released  in 2018. Key provisions in the regulations require institutions to: 

• Conduct a live hearing with cross-examination by the party’s advisor of choice;
• Choose between applying a preponderance of the evidence standard or a clear and convincing evidence standard, with the same standard applied to complaints against students and employees, including faculty;
• Offer both parties the opportunity to appeal based on procedural irregularities, new evidence, or bias or conflict of interest on the part of the Title IX coordinator, investigator, or decision-maker;
• Apply the Title IX framework to employees; and
• Provide supportive measures to victims and comply with detailed requirements related to grievance procedures.

Next week, NAICU will be providing more detailed analysis and hosting a webinar that will discuss the regulations and the challenges that presidents may face in implementing the new rules.

For more information, please contact:
Jody Feder