title ix changes

An Update on Title IX Changes

Under the last White House administration, the Department of Education passed sweeping changes to Title IX. Title IX is a federal law that prohibits sex discrimination in educational institutions that receive federal funding.  The new Title IX rules went into effect in August 2020 including, among other changes, additional due process requirements for the accused and fewer allegations that a school must investigate based on location of the alleged misconduct

A Political Tug-of-War

Fast forward a few months, a new president was elected with democrats taking control of both the house and senate.  One item on the new administration agenda:  Roll back the just implemented changes to Title IX.  On April 5, 2021, President Biden ordered new Education Secretary Miguel Cardona to re-examine the Title IX rule changes enacted under his predecessor. The order stated that Cardona should consider “suspending, revising, or rescinding” the new rules.

Are More Title IX Changes Coming?

Despite President Biden’s order, it’s unclear how quickly any changes could realistically happen.  The Department of Education’s rule-making process typically takes a couple of years and even then, a rule change would not go into effect immediately.   Of course, the Department of Education, as urged by many House Democrats, could also seek to stay the previous rule through the courts.  Regardless of how the Department of Education proceeds, the new Title IX rules are already facing legal challenges in at least three pending lawsuits.

Current Status of Title IX

Politics and pending lawsuits aside, the new Title IX rules are currently in effect and educational institutions are required to follow them.  Particularly important for anyone accused of a Title IX offense are the new due process requirements.  Under the current Title IX rules, educational institutions must provide equal access to evidence, hold live hearings and allow for cross-examination of the individual asserting the allegations.

Find the Contact us with Your Title IX Questions

If you have questions about a pending or potential Title IX investigation, a seasoned legal professional can help. Sports and entertainment law firm Rogge Dunn Group has lawyers experienced with Title IX investigations including the new rule changes.  If you have questions or would like more information, contact us here.

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