HMBR Issues Comprehensive Summary of New Title IX Regulations On May 6, 2020, the U.S. Department of Education issued its much-anticipated new Title IX regulations on sexual harassment. The Department stated that new regulations will go into effect on August 14, 2020. "Lake said it's “unthinkable” for the department to require additional staffing in colleges' Title IX offices by the beginning of the 2020-21 academic year, at a time when many institutions are facing significant budget shortfalls. "Let me be clear: this rule is not about ‘restoring balance,’ this is about silencing survivors," Murray said in a statement. He said it’s also unlikely colleges will even have the capacity to implement new policies within the given time frame, and some might wait for the outcomes of legal challenges to the rule changes.“For the first time in history, the Department of Education is creating a college court. Title IX Rule Details How K-12 Schools Must Address Sexual Harassment, Assault By Evie Blad on May 6, 2020 12:52 PM The Trump administration released a … “We remain steadfast in our commitment to our students and community and will respond to the rules with care and thoughtfulness. 2020 Title IX Changes by the Numbers.
Several higher education associations and members of Congress urged the department for weeks to hold off on the release to allow colleges to focus on the impact of the coronavirus pandemic.The American Council on Education, the umbrella membership group for 1,700 college and university leaders, said in a statement that the Education Department “is not living in the real world” by issuing the rule now.“As a result of the pandemic, virtually every college and university in the country is closed. Robert Shibley, executive director of FIRE, called the regulations “an important victory.”“FIRE led the charge to introduce fairness to campus proceedings, first nearly alone, then with a growing number of allies,” Shibley said.
“None of the new procedures are trauma-informed in any way.”The prospect of cross-examination may make it harder for students to report sexual misconduct, but it is necessary for testing the credibility of all parties involved, said Andrew Miltenberg, a New York-based attorney known for defending hundreds of students accused of sexual misconduct.
In doing so, the new rules give universities and schools only a short window to review and revise their Title IX … But a college “may address sexual harassment affecting its students or employees that falls outside Title IX’s jurisdiction in any manner the school chooses,” the regulations say.The rule “balances the scales of justice” on U.S. campuses and fulfills promises by the Trump administration to address college sexual misconduct, The rule is focused on protecting students on both sides of Title IX complaints, Kenneth Marcus, assistant secretary of OCR, said in “It marks the end of the false dichotomy of either protecting survivors, while ignoring due process, or protecting the accused, while disregarding sexual misconduct,” Marcus said.
The new rules have maintained most of the elements from the proposed regulations (see UW’s response from January 2019), while also including new and amended language. The regulations also make clear that Title IX prohibits physical sexual misconduct such as sexual assault, dating violence, domestic violence, and stalking… "This rule will make it that much harder for a student to report an incident of sexual assault or harassment -- and that much easier for a school to sweep it under the rug.
We will continue to fight to ensure that students are afforded the rights now guaranteed to them when they return to campus this fall.”Senator Patty Murray, a Democrat from Washington State and Alexander's colleague on the education committee, said the final rule weakens the support institutions are required to provide survivors of sexual harassment and assault and discourages reporting of misconduct. With unique expertise and experience in this area, our Education Group offers practical, cost-effective, and HMBR attorneys are continuing to closely review the final Title IX regulations and accompanying lengthy analysis, and we will be updating the summary on our website. We will also provide additional information and resources on the final Title IX regulations in the coming days and weeks. We have come too far as a nation to halt our progress against sexual harassment.”Know Your IX is preparing to challenge the legality of the final rule in court and hopes to file a complaint this week, Nesbitt said. The Department has finalized its new Title IX regulations on sexual harassment and misconduct that take effect on Aug. 14, 2020.
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