On August 24, 2021 the Department of Education’s Office for Civil Rights issued a letter stating that it will “immediately cease enforcement of the part of § 106.45(b)(6)(i) regarding the prohibition against statements not subject to cross-examination” and that “[p]ostsecondary institutions are no longer subject to this portion” of the May 2020 Title IX regulations. The Office for Civil Rights made this decision in light of the Victim Rights Law Center et al. v. Cardona decision which found § 106.45(b)(6)(i) to be arbitrary and capricious. It is important to note that § 106.45(b)(6)(i) and its “prohibition against statements not subject to cross-examination” is the only section of the May 2020 Title IX regulations that the Office of Civil Rights will no longer be enforcing at this time.
In light of the Office of Civil Rights’ letter, some institutions have already begun revising their polices. If you are one of these institutions, or are planning a change to your institution’s polices, it is critical to continue following your institution’s current polices until an official change has been made and published. If your institution is considering revising its polices, Grand River Solutions’ team of subject matter experts are here to help!