Department of Education Vacates Controversial Title IX Provision

Published on
September 9, 2021

(Excerpts from Campus Safety News)

  • The U.S. Department of Education announced on Aug. 24 it will stop enforcing a new rule in the 2020 Title IX regulations that prohibits decision-makers in sexual misconduct investigations from using evidence or statements from someone who did not participate in cross-examination at a live hearing.
  • This change will allow decision-makers to consider evidence from involved parties who did not undergo cross-examinations, including police reports, medical reports, Sexual Assault Nurse Examiner documents, and emails and text messages sent leading up to the alleged misconduct. The department plans to issue a proposed replacement rule next May.
  • All 2020 regulations are currently under review per President Joe Biden’s March 8 Executive Order calling for the department to assess the Trump administration’s changes. The process of changing the Title IX regulations could take years because they were instituted through the formal rulemaking process, reports NBC News.
  • The OCR says it anticipates publishing a notice of proposed rulemaking to amend the regulations. The public will have an opportunity to comment on the proposed amendments.