By Jeremy Bauer-Wolf
DeVos’s rule, which took effect in August 2020, was loathed among advocates for sexual assault survivors. It transformed colleges’ Title IX processes into judiciary-style procedures requiring both parties to be able to cross-examine the other through a surrogate. It also limited the sexual violence cases institutions would need to investigate, including many off campus.
Biden on the campaign trail promised to strike down the rule and has taken steps to do so. He released an executive order in March calling for a review of the Title IX regulation. This month, the Education Department held five days of virtual hearings to accept feedback on the administration’s approach to Title IX.
Source: Ed Dept says it will issue a new 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
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