Recommendations aim to make law preventing sex discrimination more fair
Colleges and universities will have to wait a while longer to find out how Title IX rules preventing sex discrimination in education may change. The deadline to deliver a final version seems to have been pushed back again. Recommended changes to the controversial law promoting sex equity were expected in October 2023, after the U.S. Department of Education first delayed the release in July. However, no new information has been presented. Now, it seems the final version of the DOE’s proposed Title IX changes may not be released until 2024.
On campuses, university officials are eager for what the proposed new rules could mean for their institutions and the federal funding they receive. Analysts say the proposals contain changes that may impact university athletics as well as how Title IX sexual assault offense allegations are investigated, determined, and penalized on campuses nationwide.
Title IX regulations and proposed changes
Title IX is a federal law against sex-based discrimination in education. Universities seek to stay informed about potential changes for compliance, affecting issues like sexual harassment and gender equity. Non-compliance may result in the loss of substantial funding for institutions, while accused students could face expulsion, scholarship loss, and athletic participation bans if found in violation.
Title IX has been criticized for being unfair – especially to male students. The regulations infringe on due process rights and disproportionately impact the accused, which is what led the DOE to consider changes. Early versions of the proposal sought four primary changes:
- Expand protections against sex discrimination to include sex stereotypes, pregnancy, sexual orientation, and gender identity.
- Enhance fairness in grievance procedures and prevent conflicts of interest.
- Mandate schools to provide supportive measures for addressing sex-based harassment.
- Confirm protection against retaliation for individuals exercising their Title IX rights.
Title IX rule proposal final version delays
The October delay of the final version release did not surprise people keeping up with Title IX law. We know how the legal process works. The DOE received over 100,000 comments on the proposal that must be processed and considered before it can be submitted for mandatory review by the Office of Information and Regulatory Affairs (OIRA). Typically, OIRA has 90-120 days to review the final rule and provide feedback. As of Nov. 1, 2023, OIRA has not received the Title IX proposal.
Once DOE has received OIRA feedback, they may make further changes to the proposal before publicly releasing the final version. There is then a 60-day wait period for challenges before the final rule can go into effect.
Title IX defense and proposed changes
Title IX rules have evolved since the 1970s. At Botsford & Roark, with over 30 years of experience in college campus sexual assault defense in Texas, we've adapted our defense strategy to protect the rights and reputations of accused students. We are ready to navigate any changes the DOE may make to Title IX regulations, and our Austin-based lawyers offer free, confidential case evaluations to individuals facing accusations, providing trusted information without any obligation to hire.