The game of constant watch-and-wait continues as updated Title IX regulations seem unlikely to be finalized by October 2023. Those in the Title IX field, already well attuned to the technicalities of federal regulation, might find this delay vexing. While the intricacies of these laws can often induce boredom, their implications hold significant weight for educational institutions around the country.
A brief detour for the uninitiated – Title IX is a federal civil rights law passed as part of the Education Amendments of 1972. This pivotal law mandates that “no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
The proposed regulations, the finalization of which is now expected to be delayed, have generated much discussion, both positive and negative, owing to their profound impact on how educational institutions handle sexual harassment and assault complaints.
The speculative causes behind this delay are numerous. They range from the usual suspects like typical bureaucratic bottlenecks in federal administration to the more specific, such as changes in administration and priorities, or having an already overflowing plate of pressing issues.
So, what happens now? In the absence of any finalized regulations, compliance with the existing “Dear Colleague” letters and guidance from the U.S. Department of Education will endure as the norm until any changes are ratified officially.
However, even in the face of these delays, staying current is essential. As legal professionals, monitoring updates and familiarizing ourselves with the potential changes in the proposed regulations is necessary, even in this regulation limbo. By doing so, we can ready ourselves and our organizations for a quick response when final rules are eventually announced.
Remember, whilst legislation often takes its time, preparation is a race that can never be too early.
For detailed insights, take a look at the article from TNG Consulting, available here: It Looks Like We Won’t Have Final Title IX Regulations by October 2023… Now What?