Spotlight on the Proposed Title IX Rule

In June 2022, the U.S. Department of Education released new proposed Title IX regulations, and on July 12 those proposed regulations became open for public comment. The final regulations will be issued once the Department has reviewed the feedback and made revisions or otherwise addressed the comments in the preamble to the regulations.

Once the final Title IX rule is published and the implementation date known, schools will want to revise policies and procedures to align with applicable law. Grand River Solutions looks forward to working with your Title IX team to support your school’s efforts to update your policies and procedures to be consistent with the new regulations, best practices, and your community’s expectations and culture.

Change isn’t one-size-fits-all.

Title IX of the Education Amendments of 1972 has been subject to a shifting legal landscape over the past fifty years and the pendulum continues to swing. Join our Priority List and be among the first to receive outreach about customized policy and procedure support.

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Comment Period Is Closed: Over 240,000 Comments on the 2022 Title IX Proposed Regulations

September 23, 2022

The comment period closed on September 12, 2022 for the Title IX proposed regulations. You can find up-to-date information about the number of comments and view many comments on regulations.gov. As of September 13, that page showed 235,816 total comments received and more than 57,000 viewable online.

A Closer Look at the Title IX Proposed Rules: Coordination Between Title IX and Disability/Accessibility Services

September 6, 2022

As keen readers may have noticed, the Department of Education included many references to disability throughout its 2022 proposed Title IX regulations and in the 500+ page preamble that explains why certain changes or additions are being proposed. While some of the suggested language – like adding a definition of disability – is relatively technical, other provisions have practical implications that institutions of higher education should be prepared to implement.

OCR Publishes Revised Questions and Answers on the 2020 Title IX Regulations on Sexual Harassment

June 28, 2022

On Tuesday June 28, 2022, the U.S. Department of Education’s Office for Civil Rights (OCR) updated the Questions and Answers on the Title IX Regulations on Sexual Harassment, which was originally issued in July 2021. The update reflects the court ruling in Victim Rights Law Center et al. v. Cardona, which invalidated the part of the Title IX regulations regarding the prohibition against statements not subject to cross-examination.

As we shared last September, OCR said in a letter dated August 2021 that it would not enforce that section of the 2020 Title IX regulations in light of the federal district court ruling. With this new update, OCR is clear that institutions of higher education may not choose to maintain the prohibition on considering statements made by a party or witness who does not submit to cross-examination at a live hearing as part of its Title IX grievance process.

Are Live Hearings Still Alive? Considering the Intersection of the Proposed Rule and Federal and State Precedent

September 12, 2022

One talking point emerging from the release of the Proposed Title IX Rule is that colleges and universities are going to abandon live hearing models in sexual misconduct resolutions. However, rumors of the death of live hearings are probably off-base. Instead, we may see a return of policy experimentation, including “hybrid” or “indirect” approaches popularized in the late 2010s, and an emphasis on the public-private distinction critical to policy-making in this space.

Proposed Title IX Rules Have Groundbreaking Protections For LGBTQI+ People

September 6, 2022

Over the past decade, protections for LGBTQI+ students have changed frequently and dramatically with each political administration. Guidance issued during the Obama administration explicitly stated that LGBTQI+ students were protected under Title IX, but, like other Obama-era policies, these protections were never subjected to formal rulemaking. The Dear Colleague Letter on Title IX and Transgender Students was rescinded in February of 2017.

U.S. Department of Education Releases Draft Title IX Regulations: So, What’s Next?

June 23, 2022

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.

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