Title IX
Regulatory Review
The U.S. Education Department's Office for Civil Rights (OCR) recently announced a comprehensive review of the agency's regulations implementing Title IX of the Education Amendments of 1972, in direct response to President Biden's March 8, 2021 Executive Order on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity. The department hosted public hearings to collect comments on steps to be taken
to ensure students who experience sexual harassment, including sexual violence, receive appropriate supports; schools provide fair processes for resolving complaints of sexual harassment, including sexual violence; and students who have experienced
discrimination based on gender identify and sexual orientation have their legal rights fully met. The agency is reviewing input from stakeholders and said that it intends to release a new final rule this fall.
The Education Department, under former Secretary Betsy DeVos, released new rules to overhaul Title IX enforcement. The final regulations, which drastically alter the way colleges and universities handle sexual assault and harassment charges, took effect August 14, 2020. President Biden's executive order specifically directed the agency to
review the previous administration's rule and consider "suspending, revising, or rescinding" it.