While educational institutions are holding their collective breath, anticipating the Department of Education (DOE) releasing its promised Notice of Proposed Rulemaking (NPRM) detailing amendments to the existing 2020 Title IX Regulations, the Fourth Circuit Court of Appeals may have thrown a proverbial “wrench” into that release.
Posts Tagged ‘Title IX Regulations’
Well, the Preamble to the Final Rule says “no;” the 2020 Title IX Regulations are not retroactive for sexual harassment that occurred before the August 14, 2020 effective date of those Regulations.
Taken together, the new Regulations direct schools to take sexual harassment complaints seriously, but to withhold judgment of the accused perpetrator until the entire process described in the Regulations is completed. This is not business as usual.
Unlike the Obama-era “Dear Colleague Letters” which were merely “significant guidance,” these new Regulations were enacted with notice and comment rule-making and applied uniformly with the force of law to all schools receiving federal funds of any kind, pre-K to vocational and postsecondary educational institutions.