On Nov. 16, 2018, the U.S. Department of Education (ED) released proposed regulations related to Title IX that will govern how educational institutions conduct inquiries into allegations of sex discrimination, including student sexual misconduct. On January 30, 2019, these proposed regulations completed a 60-day notice and comment period. ED is now reviewing the comments received during this notice and comment period and, at some future point, will publish the final regulations.
Because of the high volume of comments and anticipated court challenges, it may be a considerable time before ED implements the regulations.
In the interim, institutions can use these resources to understand the proposed regulations, the problem of student sexual misconduct, and practices for preventing and responding to this problem. Institutions should first consult with legal counsel before making any changes to their policies or practices.