On June 23, 2022, the Biden administration released long-awaited proposed changes to the Title IX regulations, which address sex-based discrimination in educational settings. The Title IX regulations were last modified by the Trump administration on May 19, 2020.
The new regulations would continue some of the Trump-era rules, including the presumption of innocence for the accused and permitting informal resolution of complaints in certain circumstances.
The proposed regulations depart from the existing ones in several significant ways. First, the proposed regulations provide protection for members of the LGBTQI+ community, whereas the existing regulations did not explicitly protect against discrimination and harassment based on an individual’s gender identity. The proposed regulations would do away with the requirements that colleges and universities hold live hearings and permit cross-examination of witnesses. The proposed regulations would also restore the authority of Title IX investigators to decide case outcomes in most cases and enable schools to investigate and sanction sexual misconduct that occurs off-campus or for which there has been no formal complaint.
The Department of Education has released a fact sheet summarizing many of the significant changes proposed by the Biden administration.
The proposed regulations will now undergo a 60-day public comment period, and it will take several months before the proposed regulations are finalized.
The team at Rose Law Partners, LLP, will keep close watch on the proposed Title IX regulations. We are prepared to advise educational institutions in accordance with the past, current, and prospective Title IX regulations. Attorneys Alan D. Rose and Laura B. Kirshenbaum are trained to serve as outside Title IX investigators and hearing officers and to provide ongoing guidance on schools’ obligations under Title IX and other non-discrimination laws and policies.