We hope you have had a restful summer break. As you return to campus, here are some VERY important developments that have occurred over the summer you should be aware of:
- Notice of Proposed Rulemaking and Comment Period
The Office for Civil Rights (OCR) has initiated the rulemaking process and published draft regulations on July 12, 2022. At this point, these proposed regulations have moved into the “Notice and Comment” stage, meaning that OCR is accepting comments regarding these proposed regulations through September 12, 2022. To date, over 3,000 comments have been submitted.
The proposed regulations make some significant changes including, but not limited to, the definitions of sex-based discrimination, when a school is on notice of sex-based discrimination/harassment, and how to conduct investigations. To learn more and to submit your own comments, see the links below:
Federal Register publication of proposed regulations:
https://www.federalregister.gov/documents/2022/07/12/2022-13734/nondiscrimination-on-the-basis-of-sex-in-education-programs-or-activities-receiving-federal
To find out more information about submitting comments, go to:
https://www.regulations.gov/document/ED-2021-OCR-0166-0001
- Protections under Title IX for Transgender Students
In July, a federal judge in Tennessee issued a preliminary injunction that temporarily bars the U.S. Department of Education and the Equal Employment Opportunity Commission from enforcing an Executive Order issued by the Biden administration in January 2021 that provided protection under Title IX against acts of discrimination and harassment based on gender and sexual orientation. The underlying lawsuit alleged that the government infringed on states’ powers to regulate their public workplaces and schools and the administration violated federal law because it did not follow proper processes in implementing those mandates. This temporary bar impacts Title IX’s application to discrimination/harassment based upon gender and/or sexual orientation. However, REMEMBER, that many states have similar protections for gender and sexual orientation in state law, and schools must continue to enforce the applicable state law. The preliminary injunction decision can be found here:
https://www.tn.gov/content/dam/tn/attorneygeneral/documents/pr/2022/pr22-23-order.pdf
- Barriers to Reporting
The proposed regulations indicate that educational institutions should examine and remove any barriers to reporting Title IX matters. Although the regulations have not been finalized, this suggestion is one that is likely to remain and provides Title IX Coordinators and administrators with food for thought. As you enter this next academic year, consider steps that could make the Title IX process more accessible for students and parents (especially for K12 schools).
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Contact us for further information on our training and consulting programs and services: info@titleixconsult.com