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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Education Secretary Betsy DeVos said when she rescinded Obama administration guidance on campus sexual assault that her department would issue a new binding regulation within the next year.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.
