Resources on Title IX and Campus Sexual Assault Regulations

Recent Education Department Actions

​​​The Biden Ad​​​ministration

​20​22

On June 23, the Department of Education issued a proposed rule revising the Trump-era Title IX regulations. The proposal would expand the scope of Title IX's protections, including enhanced protections for LGBTQ+ students. Read more.

2​021

In March, the Biden administration issued an executive order directing Education Secretary Miguel Cardona to review the regulations for potential suspension, revision, or rescission. ED's Office for Civil Rights (OCR) held a virtual public hearing ​​June 7-11 to re-examine the rules.

As part of the process, officials requested stakeholders to submit comments to supplement the 600 speaking slots over the five-day event. ACE and 39 other higher education associations submitted comments that highlighted concerns with the highly prescriptive, court-like processes required under the regulations, including the mandate for a live hearing with direct cross-examination.

The Tru​mp Administration

​​​​​​​The Trump administration released its final Title IX campus sexual assault regulation​ on May 6, 2020, in the midst of the COVID-19 pandemic. The rules were effective Aug. 14, 2020.

Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance
Federal Register | May 19, 2020

Title IX of the Education Amendments of 1972 Notice of Proposed Rulemaking (and instructions for submitting comments)
Federal Register | Nov. 29, 2018

Resources from the Higher Education Community

​Comments on the Education Department's 2022 Draft Title IX Rule (PDF)
Sept. 12, 2022

Comments to the Education Department's Public Hearing on Title IX (PDF)
June 10, 2021

Amicus Brief and Motion to Delay Effective Date of Title IX Regulations (PDF)
June 24, 2020

Request for Delay in Implementing the Final Title IX Rule (PDF)
June 10, 2020

Title IX Final Rule: Outline of Key Provisions
May 14, 2020

​ACE Webinar on Trump Administration's Final Rule on Title IX (PDF)
May 11, 2020

Statement by ACE President Ted Mitchell on Final Title IX Regulations
May 6, 2020

ED Issues New Title IX Regulations as Institutions Navigate a Global Pandemic (Pepper Hamilton)
May 8, 2020

Letter Requesting a Delay on Title IX and Section 117 Rules​ (PDF)
March 24, 2020

Comments to the Department of Education on Proposed Rule Amending Title IX Regulations
Submitted by ACE and 60 other higher education associations
Jan. 30, 2019

Testimony to Senate HELP Committee on Addressing Campus Sexual Assault​
April 2, 2019

U.S. Department of Education Office for Civil Rights Withdraws 2011 Dear Colleague Letter: Highlights for Campus Leaders
Sept. 26, 2017

U.S. Departments of Education and Justice Release Joint Guidance Related to Transgender Students and Title IX
May 17, 2016

Background

Title IX of the Education​ Amendments of 1972

Title IX Regulations, 34 C.F.R. Part 106

Attorney General letter reversing Obama administration Dear Colleague letter on transgender discrimination ​(PDF) (Oct. 4, 2017)

Dear Colleague letter withdrawing Obama administration guidance (PDF) (Sept. 22, 2017)

Department of Education Q&A on campus sexual misconduct [interim guidance] (PDF) Sept. 2017)

Dear Colleague letter on transgender students [WITHDRAWN]​ (PDF) (May 13, 2016) 

Department of Education’s Title IX Resource Guide (PDF) (April 2015) 

Dear Colleague letter on Title IX coordinators​  (PDF)​ (April 24, 2015)

Department of Justice Title IX manual (updated August 2015)

Department of Education Q&A on campus sexual violence [WITHDRAWN]​ (PDF) (April 29, 2014) 

Dear Colleague letter on sexual violence [WITHDRAWN]​ (PDF) (April 4, 2011)

Dear Colleague letter on harassment and bullying ​(PDF) (Oct. 26, 2010)

Dear Colleague letter on the “three part test”​ (PDF) (April 20, 2010)

Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties ​(PDF) (Jan. 2001) 

Doe v. Baum, et al. [University of Michigan] (PDF)​
Case No. 17-2213 (6th Cir. Sept. 7, 2018)

Doe v. Brown et al. [Brown University] (PDF)​
Case No. 17-1941 (1st Cir. July 18, 2018) 

Doe v. Columbia University 
Case No. 15-1536 (2d Cir., July 29, 2016​)​

Davis v. Monroe County Board of Education 
526 U.S. 629 (1999)

Franklin v. Gwinnett County Public Schools (PDF)
503 U.S. 60 (1992) 

Doe v. Kegan Allee ​
Court of Appeals for the State of California, Second Appellate District

Harnois v. Univ. of Massachusetts
Case No. 19-10705 (D. Mass., Oct. 28, 2019) ​​

Doe v. Baum and University of Michigan, et al.
Case No. 16-13174  (E.D. Mich., Sept. 30, 2019)

Messeri v. University of Colorado, et al.
Case Number No. 18-cv-2658-WJM-SKC (D. Co. Sept. 23, 2019)​

Doe v. Virginia Polytechnic Institute and State University
Case No 7:18-cv-170, No. 7:18-cv-320, No. 7:18-cv-492, No. 7:18-cv-523 (W.D. Va. Aug. 15, 2019)​

Haidak v. University of Massachusetts-Amherst, et al.
Case No. No. 18-1248 (1st Cir. Aug. 6, 2019)​

Doe v. Rector & Visitors of the University of Virginia (PDF)
Case No. No. 3:19CV00038 (W.D. Va. June 28, 2019)

Doe v. DiStefano
Case No. 16-cv-1789-WJM-KLM (D. Colo. June 5, 2019)​

Doe v. Northern Michigan University, ​et al​.
Case No. 2:18-CV-196 (W.D. Mich. May 28, 2019)​

​Sheppard v. The Visitors of Virginia State University, et al​.
Case No. 3:18-CV-723-HEH (E.D. Va. April 25, 2019)

Doe v. Princeton University
Case No. No. 18-16539 (D.N.J. Jan. 9, 2019)

 
 
 

New Proposed Title IX Regulations are Here. Now Wh​​at?

Learn more about Title IX and what the newly proposed regulation​​​s mean for college campuses on ACE's July 14, 2022 dotEdu podcast.

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