Key Issues

Department of Education Unveils Final Rule on Title IX

May 6, 2020 (WASHINGTON INSIDER ALERT) - Today, the U.S. Department of Education (ED) unveiled a final rule changing how colleges and universities must handle allegations of sexual assault and harassment under Title IX of the Education Amendments of 1972. The rule takes effect August 14, 2020.

In addition to an unofficial publication of the final rule, ED also published a 3-page overview of the final rule, a 9-page summary of major provisions of the final rule, and a 12-page summary highlighting changes between the prior Notice of Proposed Rulemaking and the final rule.  Additionally, ED has released an hour-long webinar covering the final rule.

ED began the process of changing Title IX requirements in September 2017, when it rescinded guidance issued in 2011 by the Obama administration. The following year, in November 2018, ED issued a proposed rule “intended to promote the purpose of Title IX by requiring recipients to address sexual harassment, assisting and protecting victims of sexual harassment, and ensuring that due process protections are in place for individuals accused of sexual harassment.”

On January 30, 2019, CUPA-HR submitted comments on the aspects of the department’s proposal that could impact how higher education HR professionals manage policies and claims involving employment discrimination. CUPA-HR also joined with 60 other higher education associations in fully supporting comments led by the American Council on Education (ACE) that offered substantive remarks on all aspects of the proposed regulations.

CUPA-HR’s government relations team is closely reviewing the 2,033-page package and will provide additional guidance to higher ed HR regarding the requirements shortly. ACE has a webinar about the final rule set for Monday, May 11, and CUPA-HR will host a webinar later next week (details to come).