11/21/2018
By Jenni Ives and Carroll Bible
On November 16, 2018, the U.S. Department of Education proposed a new rule under Title IX, the 1972 federal civil rights law that prohibits discrimination on the basis of sex in education programs and activities that receive federal funding. The proposed rule would be the first to govern how educational institutions nationwide must meet their Title IX obligations. It replaces prior nonbinding guidance from the Obama administration that called for aggressive enforcement of the law. Secretary of Education Betsy DeVos rescinded that guidance in 2017.
If enacted, the new rule will materially change how cases of sexual misconduct are handled at colleges and universities. It includes the following significant and controversial changes:
The proposed rule is subject to a 60 day public comment period from the date of its publication in the Federal Register.