Department of Education Issues Proposed Rule on Title IX

November 16, 2018 (WASHINGTON INSIDER ALERT) - Today, the U.S. Department of Education (ED) issued a proposed rule changing how colleges and universities must handle allegations of sexual assault and harassment under Title IX of the Education Amendments of 1972. This long-awaited proposal is the first action by the Education Department since last September, when it rescinded guidance issued by the Obama administration in 2011.

Education Secretary Betsy DeVos criticized the Obama guidance as “overly prescriptive and lacking due process for the accused.” At the same time it rescinded the Obama guidance, the ED issued an interim question-and-answer document for schools on how to investigate and adjudicate allegations of campus sexual misconduct under federal law.

While we are still reviewing proposed changes, the ED has provided summary information on the proposal in its press release, fact sheet and background and summary document. The public has 60 days to comment on the proposal.

In the next few weeks, we will provide more information on how you may comment and will seek your input on the proposal via a survey to help inform CUPA-HR's comments.

For further background information, view the archived webinar Facing the Challenges of DOE's Recent Title IX "Interim Guidance."