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Department Will Not Enforce Title IX Provision Struck Down by Court

August 25, 2021

The Department of Education said Tuesday that it will immediately cease enforcement of a part of the 2020 Title IX regulations that prohibits decision makers in sexual misconduct investigations from considering evidence by parties or witnesses if they don’t participate in cross-examination.

The decision follows a ruling by a federal judge last month that said the provision was arbitrary and capricious, and it was sent back to the department for further consideration.

Decision makers may now consider evidence including police reports, medical reports, text messages between the parties leading up to the alleged misconduct and statements made by the parties and witnesses during the investigation.

The 2020 regulations, which have been controversial, are currently under review by the department. The department plans to issue a proposed replacement rule next May.

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