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The Department of Education is again postponing the release of the draft Chapter IX rule, now aimed at June


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Short dive:

  • The U.S. Department of Education is again rejecting the release of its long-awaited regulatory proposal under Section IX and now plans to publish it in June.
  • The draft rule will dictate how colleges and schools K-12 should investigate and potentially punish sexual misconduct. Last year, the head of the Department of Civil Rights said he waited publish the proposed regulations in April. Department then postponed the call until this month.
  • But the department “is wasting time to ensure that schools provide students with an educational environment without discrimination,” a spokesman for the agency said in a statement, explaining why he now plans to publish a draft resolution next month.

Diving Insight:

Delaying the estimated time of preparation of the draft rule contradicts the wishes of defenders of the prevention of sexual harassment, some of them called to have the Department of Education publish it by early October 2021.

In other circles, the prospect of new regulation is very unpopular. More than two dozen organizations led by the Conservative Freedom Protection Group of the Institute for Political Studies, last month called the department abandon efforts to correspond with the current rule, which came into force in August 2020 under former Education Minister Betsy DeVos.

The DeVos-era rule establishes a tribunal for colleges to assess cases of sexual violence. They call on the accused student and the prosecutor to interrogate each other through an advisor.

The groups wrote in the letter that the DeVos regulations preserve proper procedural rights, which, according to civil liberties advocates, lacked previous federal recommendations in Section IX. DeVos opposed policies imposed by the Obama administration in 2011 that she said weighed too much against students accused of sexual behavior on campus. The Obama Era Leadership, which DeVos repealed in 2017in many respects attributed the sharpening of attention to these problems.

The coalition in its letter also expressed concern about the new rules will reportedly defend gay and transgender students from gender discrimination under section IX. The groups wrote that allowing transgender women to participate in sports that match their gender identity would “damage the requirement of Section IX to create and maintain a level playing field” for female athletes.

This was responded to by complaints from 15 Republican Attorneys General who last month threatened to sue the Biden administration on the future rule.

The publication by the Department of Education of a draft rule in the Federal Register will entail a period of public discussion, usually 60 days. After the department reviews this feedback, it will finalize the regulations.

As of Monday afternoon the agency there were no more meetings it is planned to discuss the rule of Section IX. The last scheduled meeting took place on May 20.

Postponing the release date of Title IX may jeopardize this rule.

Depending on when the regulations are finalized and which party controls Congress after the midterm elections, a new Republican majority may repeal it. through the Congressional Review Act. This gives legislators the opportunity to reject the main actions of the executive within 60 days of submitting the rules.

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