President
Trump signed an executive order last month directing federal agencies to modify,
rescind, or temporarily waive regulations that may inhibit the country’s
efforts to restart and grow the economy in light of the heavy toll of COVID-19.
However, as of yet, the order has not prompted the Department of Education (ED)
to delay the implementation of its new
regulation on Title IX.
Colleges
and universities are the economic engines of their states and communities, and
efforts to reopen safely and effectively are a critical part of larger efforts
to restart the economy. In light of this vital role institutions play, ACE
President Ted Mitchell and the leaders of 14 other higher education groups sent
a letter to
Secretary Betsy DeVos Wednesday asking for a delay of the Title IX effective
date so institutions can focus their efforts on how to safely reopen this fall.
This
letter follows a similar request
ACE made in March.
Specifically,
the presidents asked for an extension until at least Dec. 21 to give campuses the fall semester to fully
incorporate the requirements of the final rule into existing Title IX policies
and procedures. Although most institutions are in the midst of devising how
best to comply with the rule, examining current policies and procedures and what
relevant state laws exist or may go into effect soon is difficult work that
requires efforts across virtually every department and administrative function.
As the presidents told the
secretary, providing an extension also could eliminate an immediate issue
facing the federal courts in the District of Columbia and New York in lawsuits
over the new rule filed by 19 states: whether the Aug. 14 effective date should
be postponed pending judicial review.
The urgency of this issue was
underscored by an additional lawsuit being filed on Wednesday in federal
district court in Massachusetts by nonprofit advocacy organizations asking for
that same relief. ED affirmatively taking this step now would permit the courts,
ED, and the parties to more expeditiously move to the merits of the cases and
give institutions increased clarity about their Title IX obligations.
For more information on the new
rule, see ACE’s Title IX regulation resource page.