On June 23, the Department of Education proposed changes to the rules that implement Title IX. Today, the proposed rule was published in the Federal Register. The Department will accept formal comments from the public through September 12, 2022. The team of lawyers at the Department will then read, summarize and respond to the comments before issuing a final rule.
As we previously posted, the proposed regulations would roll back fundamental due process, including eliminating students’ right to a live hearing and rejecting the Supreme Court’s definition of sexual harassment in favor of a definition that threatens free expression. Various groups will be submitting a public comment highlighting the detrimental impact the proposed regulations would have on students’ rights.
When the Department conducted the prior rulemaking that produced the 2020 rules, hundreds of Cornellians and Cornell-related organizations filed comments. We look forward to many more comments from our campus being filed at www.regulations.gov before the deadline.
UPDATE: In the Biden Administration’s Fall 2022 Unified Regulatory Calendar, the Dept. of Education announced its intent to issue a final rule in May 2023.