The Department of Education on Wednesday issued much-awaited final regulations on how campuses must investigate sexual assault allegations, a development that generated criticism for its timing and content.
Secretary of Education Betsy DeVos said the final regulations under Title IX — which prohibits sex discrimination in federally funded educational institutions — were issued after considering various stakeholder comments and as many as 124,000 public comments since the proposed guidelines were issued in November 2018. In September 2017, DeVos rescinded the Obama administration’s policy guidance on sexual assault in educational institutions. Now, colleges and universities have to implement DeVos’ final rules by Aug. 14.
DeVos’ Wednesday announcement comes on the heels of several calls from academic groups, senators and state attorneys general to delay issuing the guidelines because of campus shutdowns due to the coronavirus pandemic. Many university groups called for a delay also because they were critical of the department’s November 2018 proposed guidelines, which they said the final rules will closely mirror.
According to the final regulations, the definition of sexual harassment includes sexual assault, dating violence, domestic violence and stalking. Among other requirements, the regulations specify a legal framework under which campus investigations of harassment must occur. Universities must hold a live hearing — in some cases a virtually live hearing will be allowed — where accusers and the accused submit, cross-examine and challenge evidence. Another requirement is that schools offer an equal right of appeal for both parties to a Title IX proceeding. The rules hold colleges responsible for off-campus sexual harassment at houses owned or under the control of school-sanctioned fraternities and sororities. A full summary of the final regulations is available here. And here is what the department says is a comparison of the proposed rules versus the final rules.
“This new regulation requires schools to act in meaningful ways to support survivors of sexual misconduct, without sacrificing important safeguards to ensure a fair and transparent process,” said DeVos in a statement.
One group, the Independent Women’s Forum, called the new rules “fair and balanced.”
Not many agree with the new rules and, by press time, at least two lawsuits have been promised. As Brett Sokolow, president of the Association of Title IX Administrators tweeted after DeVos’ announcement: “And, the litigation flag is flying already. Ink not dry yet on regs [regulations].”
