18 State Attorneys General Sue DeVos Over Final Title IX Rule

  • Eighteen state attorneys general have filed a lawsuit against U.S. Secretary of Education Betsy DeVos and the U.S. Department of Education in an attempt to block the department’s final Title IX regulations from taking effect August 14.
  • The lawsuit claims the final regulations narrow Title IX’s reach instead of making it easier for students to report and for schools to respond to sexual harassment and may become even less regularly reported and remedied due to extensive procedural requirements.
  • According to the lawsuit, the regulations, if implemented, will “reverse decades of effort to end the corrosive effects of sexual harassment on equal access to education” and will require institutions to “completely overhaul” their current systems not only in less than three months but also during a pandemic.
  • Not everybody agrees, Andrew Miltenberg, a prominent attorney, who has defended hundreds of students accused of sexual misconduct in court, stated, “while not perfect, the new proposed federal guidelines go a long way to ensure a full and objective investigative process and a fair, impartial hearing process in which the accused has a full opportunity to be heard and to question his or her accuser, the evidence and statements by witnesses, as well as an objective, independent appeals process.”