ACE, Higher Education Groups Again Express Concerns Over Title IX Rule Implementation Date
June 12, 2020

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.


On the Department of Education's final TItle IX rule, which goes into effect Aug. 14, 2020

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