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Proposed Title IX Rule, 60 Day Comment Period

The Department of Education released its anticipated proposed Title IX rule this past Friday – entering the formal notice and comment period. Those who wish to comment have 60 days – which will run concurrent with the holiday season. A time when institutions of higher education typically shut down for several weeks. One of the most notable changes contained in these rules is a prohibition on the single investigator model in the grievance process. As stated in the DOE’s fact sheet, there will be “[a] prohibition of the single-investigator model, instead requiring a decision-maker separate from the Title IX Coordinator or investigator” to make the final determination of responsibility. The rules also require a “live hearing” and an opportunity to test the credibility of parties through cross-examination, with some exception, and much more.

If the rules are finalized as written, many institutions will find themselves tweaking their compliance efforts yet again.
Courtney Bullard is a former System attorney and the head of Institutional Compliance Solutions. ICS provides a full range of legal and consulting services for institutions of higher education, including assistance with claims of sex- and gender-based discrimination and harassment. We partner with institutions to provide day-to-day advising, Title IX training and external investigations into allegations of sexual misconduct. ICS’ membership provides compliance aids and training to assist intuitions in their compliance efforts. Our services expand to representation in any legal matter faced by institutions. Contact us for more information on ICS’ services or to request Courtney for a speaking engagement at your organization.

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