The U.S. Department of Education (“Department”) released its draft Title IX regulations on the 50th anniversary of the passage of Title IX, June 23, 2022. You can find the draft regulations here.
So, what happens next? These are draft regulations, and the Department has set a Notice and Comment period of 60 days for submission of comments for consideration. After the comment period ends, the Department will take time to prepare the final version of the rules, which will include a preamble in which they will address some of the key comments received.
In 2020, this back and forth took over 18 months and over 124,000 comments were received. Ultimately, those rules did not become final until May 2020, with an August 2020 effective date.
K-12 schools and higher education institutions will want to know what changes are in store, and how your training, hearings, due process considerations, and evidentiary considerations may change. Whether you take the time to read the proposed rules, it is important to know that the final rules may not be exactly like the proposed and may contain some significant differences. And as a reminder, continue to follow your current policies and procedures that are compliant with the 2020 Final Rule until the effective date of the new Title IX Regulations.
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