On November 16, the U.S. Department of Education (DOE) published its long-awaited, proposed Title IX regulations in a Notice of Proposed Rulemaking on Title IX. The Notice included DOE's explanations for the proposed regulations, and DOE also accompanied the Notice's release with other summary documents (available via this link) regarding schools' roles in addressing allegations of sexual misconduct in education programs and activities.
Some aspects of the proposed regulations seem controversial, including cross-examination and hearing requirements and potential changes to the burden of proof, leading to substantial discourse about the proposed regulations and their differences compared to the Obama Administration's Title IX guidance. Meanwhile, schools are left to contemplate how the regulations will affect their campus Title IX policies and procedures.
Baker Donelson attorney Tanisha Pinkins explain the proposed regulations and provide practical guidance on how schools can plan to implement the regulations consistently with their existing Title IX procedures and campus culture.