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Feds Aim for Fall Release of Campus Sexual Misconduct Rule

May 11, 2018

The Department of Education plans to issue a draft regulation in September governing colleges' handling of campus sexual misconduct, according to an update of the Trump administration's federal regulatory agenda this week.

Education Secretary Betsy DeVos said when she rescinded Obama administration guidance on campus sexual assault that her department would issue a new binding regulation within the next year. The department indicated later that a new rule could be released as soon as this spring.

"I don't read too much into it other than the fact that this is really hard and they're trying to get it right," said Terry Hartle, senior vice president for government relations and public affairs at the American Council on Education.

Hartle said that in a best-case scenario for the department, it would take between three and four months to review comments on a proposed rule and submit a final regulation. That could mean assuming a September release date of a proposed rule, a final regulation may not be issued until next spring.

The Department of Education, meanwhile, is still waiting for Senate confirmation of Kenneth L. Marcus, the White House nominee for assistant secretary for civil rights. The Office for Civil Rights, which Marcus would lead if confirmed, would oversee colleges' compliance with a new regulation.

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Andrew Kreighbaum

Andrew Kreighbaum joins Inside Higher Ed as our federal policy reporter. Andrew comes to us from The Investigative Reporting Workshop. He received his master's in data journalism at the University of Missouri, and has interned at USA Today and a national journalism institute in Columbia, MO. Before getting his master's, Andrew spent three years covering government and education at local papers in El Paso, McAllen and Laredo, Texas. He graduated in 2010 from the University of Texas at Austin, where he majored in history and was news editor at The Daily Texan.

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