The U.S. Education Department will move forward with its controversial plan to overhaul rules governing Title IX enforcement, The Washington Post reported. Education Secretary Betsy DeVos aims to publish the final regulations this year, but the timing remains uncertain, as the rules are currently under review at the White House Office of Management and Budget.
The rules would replace the Obama administration's Title IX guidance, which had called for more aggressive enforcement of the 1972 law prohibiting sex discrimination in educational programs that receive federal funding. Late last year, Secretary DeVos issued a draft proposal to rewrite the regulations, reducing the liability of colleges and universities investigating sexual misconduct claims and bolstering protections for accused students.
The plan came under intense scrutiny from women's rights groups, campus leaders, and Democrats and prompted over 120,000 public comments. AACRAO chimed in and joined the broader higher education community to express concerns regarding the proposed rules.
The final rule is expected to retain a contentious provision requiring institutions to allow cross-examination of those alleging sexual harassment or assault. However, the updated regulation is expected to modify another proposal in response to critics, individuals familiar with the matter told the Post. Last year's draft rule included language that held universities responsible for investigating incidents only if they occur within the school's programs or activities. Many interpreted that to exclude activity in off-campus apartments or or fraternity houses. The final version is expected to clarify that the rules cover a broad range of incidents.
Advocates for sexual assault survivors have already signaled that they intend to challenge the regulation in court, according to the Post. Separately, the rules could be undone or modified through legislation. Senators Lamar Alexander (R-TN) and Patty Murray (D-WA), chair and ranking member of the chamber's education committee, respectively, have been negotiating sexual assault rules for months as part of a broader effort to reauthorize the Higher Education Act. Sen. Alexander has offered concessions that would limit the use of cross-examination, but the changes have not been enough to bring Sen. Murray on board, Senate aides said.
Related Link
The Washington Post
https://www.washingtonpost.com/local/education/betsy-devos-poised-to-issue-sweeping-rules-governing-campus-sexual-assault/2019/11/25/f9c21656-0f90-11ea-b0fc-62cc38411ebb_story.html