Ed Dept starts review of DeVos’s Title IX regulation | Higher Ed Dive

BY Jeremy Bauer-Wolf

Biden pledged to unravel the Title IX rule put forth by former Education Secretary Betsy DeVos, which was broadly unpopular among campus leaders and advocates for sexual violence prevention.

The regulation took effect in August. It constructs a judiciary-style system for assessing and potentially punishing sexual violence, in which both parties are allowed to cross-examine the other through a surrogate. It also restricts the cases colleges need to look into, including many of those that occur off campus. And it narrows the definition of sexual harassment, matching the one used by the U.S. Supreme Court in Title IX cases.

Legal experts have said it would be difficult for the Biden administration to immediately strike down the regulation, which was cemented through formal rulemaking and, therefore, carries the force of law.

Source: Ed Dept starts review of DeVos’s Title IX regulation | Higher Ed Dive

California bill likely conflicts with new Title IX regulation | Education Dive

By Jeremy Bauer-Wolf

The regulation directs how colleges should investigate and potentially punish campus sexual misconduct under Title IX, the federal law barring sex discrimination on campuses. It serves as a replacement for guidance the Obama administration issued in 2011, which is credited with giving greater national attention to the issue of campus sexual assault.

Shortly after a draft version of the rule was released in 2018, Title IX experts raised concerns that it might clash with existing state laws.

Source: California bill likely conflicts with new Title IX regulation | Education Dive