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Proposed Title IX Rule Changes Expected May 2022

June 24, 2021
 
 

The Department of Education is planning to amend the regulations for Title IX of the Education Amendments of 1972 put into place under the Trump administration and intends to release its proposed rule next May.

The amended rule will be "consistent with the priorities of the Biden-Harris Administration" -- as indicated in the administration's unified agenda of long-term actions -- described in part by two executive orders President Biden issued this year on combating discrimination on the basis of gender or sexual orientation and guaranteeing an educational environment free of discrimination on the basis of sex.

The Title IX regulations enacted in 2020 by former secretary Betsy DeVos have been controversial, in part due to the mandated live hearings and cross-examinations for disciplinary proceedings -- which over 40 higher education groups expressed their opposition to in a recent comment letter. Opponents of the regulations have also criticized how they limit the scope of off-campus misconduct complaints colleges must act upon and limit institutions' ability to choose between a "preponderance of evidence" or "clear and convincing" evidentiary standard.

The department held five days of public hearings at the beginning of June to gather feedback on the current regulations and input on what should or shouldn't be changed.

While a change to the regulations appears imminent, the proposed amendments won't come soon enough, said Know Your IX, a group that advocates for the end of sexual and dating violence in educational settings.

"Survivors can't wait," the organization tweeted. "As we found earlier this year, nearly 40% of survivors are being pushed out of education after seeking help from their school. We can't sit around and wait for ED to correct the damage of the Trump administration."

The Department of Education has not yet responded to a request for comment.

We have retired comments and introduced Letters to the Editor. Letters may be sent to [email protected].

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