Resources on the Department of Education's Final Title IX Regulation

 

​​​​​​​The U.S. Department of Education released its final Title IX campus sexual assault regulation​ on May 6, 2020, in the midst of the COVID-19 pandemic. The rules are effective Aug. 14, 2020.

As ACE President Ted Mitchell said in a statement upon the announcement, choosing this moment to impose the most complex and challenging regulations the agency has ever issued reflects appallingly poor judgment. The department took nearly three years to come up with these regulations, and now it is demanding that colleges and universities put them in place in a little over three months.

ACE and 60 higher education associations submitted comments​ on the proposed rule Jan. 30, 2019. The 2,000-plus page final rule rejects virtually all of these recommendations: It imposes a legalistic, prescriptive ’one-size-fits-all’ judicial-like process and assumes that institutions are a reasonable substitute for the criminal and civil legal system. The associations continue to believe that these final regulations will do more harm than good and will hinder the effort to address sexual assault on campus in a manner that is compassionate and fair to both parties.

July 21, 1975, 49 FR 24128
Initial rule implementing Title IX of the Education Amendments of 1972 and Section 844 of the Education Amendments of 1974

May 9, 1980, 45 FR 30955
Transfer from DHEW to ED, codified in Title 34 of the CFR

June 3, 1980, 45 FR 37426
Minor technical corrections to the May 9, 1980, transferred rule

December 30, 1980, 45 FR 86298
Minor technical corrections to the May 9, 1980, transferred rule

July 28, 1982, 47 FR 32527
Revoking the prohibition on discrimination in the application of codes of personal appearance.

November 13, 2000, 65 FR 68056
Implementing the Civil Rights Restoration Act of 1987, P.L. 100-259 (aka Grove City Bill)

October 25, 2006, 71 FR 62542
Modifying and clarifying Title IX regulatory requirements pertaining to the provision of single-sex schools, classes, and extracurricular activities in elementary and secondary schools.

Note this statement included in the Preamble: 

“These amendments to the regulations establish new standards that OCR will use in determining whether recipients that choose to operate single-sex elementary and secondary classes, extracurricular activities, and schools are doing so consistent with their Title IX obligations not to discriminate on the basis of sex for the purposes of receiving financial assistance from the Department.”

Resources
Background

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)

 
 
 

​ACE “Just in Time” Webinar on Title IX Final Rule

ACE presented a webinar​ on May 11, 2020, offering​​ a high-level overview of key provisions and takeaways for presidents, chancellors, and other senior campus leaders with Title IX responsibilities. You can watch a recording of this event on ACE Engage®, ACE's peer-to-peer learning platform.

WATCH NOW

(If you are not currently an ACE Engage user, learn more about joining​ or create your account​.)​​

Download the Presentation (1.7MB PDF)​​​​

(You can download the presentation slides without an ACE Engage account.)​