Title IX Regulations Update 2020

• U.S. Department of Education Releases Proposed Changes to Title IX Regulations, Invites Public Comment, U.S. Department of Education (June 23, 2022)

Watch this space for new tools and information regarding the proposed changes to Title IX and developments as the regulations move through the public review process.
 

The Biden Administration hasdirected the Department of Education to conduct a comprehensive review of the agency’s Title IX regulations, guidance, and related policies, particularly as they relate to campus sexual harassment and assault. The Department is conducting this review via a three-step process.

The first step in the Department’s review was a public hearing to solicit stakeholder feedback on Title IX regulations, guidance, and related policies. Shortly thereafter, as part of the second phase of review, the Department issued new guidance that is intended to clarify questions regarding compliance with the 2020 regulations.

The third and final step of the comprehensive review is to undertake a new rulemaking process to rewrite the 2020 regulations. The new regulations will address sexual harassment and may also include provisions regarding discrimination on the basis of sexual orientation and gender identity. In the meantime, however, the 2020 regulations will remain in place.

Former U.S. Secretary of Education Betsy DeVos issued a long-anticipated 2,033 page rewrite of Title IX regulations on May 6, 2020. The final Title IX regulations govern sexual harassment policies, including sexual assault, on college campuses. The regulations became effective on August 14, 2020.

NAICU Tools

• Amicus Brief: State of New York v. U.S. Department of Education (No. 1:20-cv-04260-JGK) Letter motion for leave to file amicus curiae brief - June 26, 2020
• Amicus Brief: Commonwealth of Pennsylvania vs Elisabeth DeVos, Secretary, U.S. Department of Education (No. 1:20-cv-1468-CJN) Consent motion to file amicus curiae brief in support of Plaintiff's motion for Preliminary Injunction - June 26, 2020
• Amicus Brief:  Victim Rights Law Center v. Elizabeth D. Devos (Secretary of Education) (No. 1:20-cv-11104-WGY) Amicus curiae brief in support of Plaintiff's motion for Preliminary Injunction - July 31, 2020

• NAICU Written Comments Submitted to Title IX Public Hearing Regarding 2020 Amendments to the Title IX Regulations - June 10, 2021
• Higher Education Community Written Comments Submitted to Title IX Public Hearing Regarding 2020 Amendments to the Title IX Regulations - June 10, 2021
• Letter to Education Secretary DeVos Requesting a Delay in the August 14, 2020 Implementation of the Final Title IX Rules - June 10, 2020
• Executive Summary of Final Title IX Rules - May 11, 2020
• Technical Summary of Final Title IX Rules - May 11, 2020
• Statement from NAICU President Barbara K. Mistick, D.M. - May 6, 2020
• Letter to Education Secretary DeVos Requesting Delay in Implementation of Final Title IX Rule - March 24, 2020

Washington Update Articles 

• Court Finds Part of Title IX Regulations Unlawful, NAICU Washington Update, July 30, 2021
• Title IX Sexual Harassment Guidance Released, NAICU Washington Update, July 23, 2021
• Education Department: Title IX Prohibits Sexual Orientation and Gender Identity Discrimination, NAICU Washington Update, June 17, 2021
• Title IX Review Begins, NAICU Washington Update, June 11, 2021
• Upcoming Title IX Hearing Open for Public Comments, NAICU Washington Update, May 21, 2021
• Biden Administration Reexamines Title IX Policies, NAICU Washington Update, April 9, 2021
• Biden Orders Review of Title IX Campus Sexual Assault Rules, NAICU Washington Update, March 12, 2021

Additional articles from Washington Update can be found here.

Education Department Resources

• U.S. Department of Education Releases Proposed Changes to Title IX Regulations, Invites Public Comment, U.S. Department of Education (June 23, 2022)
• Notice of Proposed Rulemaking Title IX of the Education Amendments of 1972, Federal Register (June 23, 2022)
• Questions and Answers on the Title IX Regulations on Sexual Harassment, U.S. Department of Education (July 2021)
• Federal Register Notice of Interpretation: Enforcement of Title IX of the Education Amendments of 1972 with Respect to Discrimination Based on Sexual Orientation and Gender Identity in Light of Bostock v. Clayton County, U.S. Department of Education (June 2021)
• Title IX: Protecting All Students (New Website)  (August 14, 2020)
• U.S. Department of Education Launches New Title IX Resources for Students, Institutions as Historic New Rule Takes Effect (August 14, 2020)
• FINAL RULE: Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance (May 6, 2020)
• Summary of Major Provisions of the Department of Education’s Title IX Final Rule 
• Webinar: Title IX Regulations Addressing Sexual Harassment

News Coverage

• What Biden’s Title IX Rules Mean for Due Process, Inside Higher Ed (June 30, 2022)
• Title IX Proposal Would Add Protections for Pregnant Students, Inside Higher Ed (june 29, 2022)
• Growing Participation, Widening Funding Gap, Inside Higher Ed (June 28, 2022)
• Round-up: Biden Administration Propose Major Overhaul of Title IX Regulations, NAICU Headlines (June 23, 2022)
• Round-up:  Title IX Turns Fifty, NAICU Headlines (June 23, 2022)
• Is Title IX Creating a College Quasi Court? Inside Higher Ed (June 22, 2022)
• Growth of Women's Sports: A Timeline of Title IX, Pittsburgh Post-Gazette, (June 6, 2022)
• How Grove City College Played a Prominent Role in the History of Title IX, Pittsburgh Post-Gazette, (June 6, 2022)
• USA TODAY Answers Your Questions About Title IX and Its Role in College Sports, USA Today (May 26, 2022)
• Education Department Delays Release of Draft Title IX Rule Again, Now Targets June, HigherEdDive.com (May 24, 2022)
• A Look at 11 Years of Title IX Policy, HigherEdDive.com (May 17, 2022)
• Title IX Watch, Politico.com (May 2, 2022)
• Education Department Plans to Issue Title IX Proposal in May, Not April as Expected,
  Higher Ed Dive.com (April 28, 2022)
• Righting an Old Wrong, Inside Higher Ed, (April 7, 2022)
• Groups Urge Education Department to Stop Title IX Rulemaking, Politico.com (April 4, 2022)
• New Title IX Rules Would Assert Rights of Transgender Students, The Washington Post (March 31, 2022)
• 6 Things to Know About the New Title IX Guidance, The Chronicle of Higher Education (July 20, 2021)
• Is a Fair Title IX System Possible? The Chronicle of Higher Education (May 18, 2021)
• N.Y. and Ed Dept. Dismiss Title IX Rule Lawsuit, Inside Higher Ed, (November 5, 2020)
• Lawsuit Against DeVos, Title IX Rules Is Dismissed, Inside Higher Ed, (October 22, 2020)
• Betsy DeVos’s Controversial New Rule on Campus Sexual Assault Goes into Effect, The Washington Post (August 14, 2020)
• Deadline Time for New Federal Sexual Assault Policies, Inside Higher Ed (August 14, 2020)
• With DeVos' Title IX Rule Taking Effect, Higher Ed Is Under Strain, EducationDive.com (August 14, 2020)
• Colleges Had 3 Months to Overhaul Sexual-Misconduct Policies. Now They’re Scrambling, The Chronicle of Higher Education (August 14, 2020)
• Federal Appeals Court: Title IX Protects Transgender Students, Inside Higher Ed, (August 11, 2020)
• ​DeVos’s Rules Bolster Rights of Students Accused of Sexual Misconduct, The New York Times (May 6, 2020) 
• New Campus Sexual-Harassment Rule Aims to Boost Rights for Accused, The Wall Street Journal (May 6, 2020) 
• Betsy DeVos Announces New Rules on Campus Sexual Assault, Offering More Rights to the Accused, The Washington Post (May 6, 2020)
•  U.S. Publishes New Regulations on Campus Sexual Assault, Inside Higher Ed (May 6, 2020)
•  What Colleges Need to Know About the New Title IX Rules, The Chronicle of Higher Education (May 6, 2020)
• 6 Questions Colleges Are Asking About the New Title IX Regulations, The Chronicle of Higher Education (May 7, 2020)
• Colleges Must Hold Cross-Examinations in Sexual Assault Cases, Betsy Devos' New Rules Say, USA Today (May 6, 2020)
•  DeVos Finalizes Title IX Sexual Misconduct Rules, Politico (May 7, 2020)
•  Feds Unveil New Sexual Misconduct Investigative Rules for U.S. Schools, Atlanta Journal Constitution (May 7, 2020)
•  Ed Dept's Final Rules on Campus Sexual Assault Meet Opposition, EducationDive (May 7, 2020)
•  A Better Approach to Addressing Campus Sexual Violence – Opinion, Inside Higher Ed (May 7, 2020)