RULING in Case Challenging Sept. 2017 TitleIX Interim Guidance Opens Door For More Lawsuits by Advocacy Groups
A federal judge has granted the Department of Education’s motion to dismiss a lawsuit challenging ED’s Sept. 22, 2017 interim guidance, which rescinded its problematic April 4, 2011 “Dear Colleague” letter regarding how schools must respond to allegations of sexual misconduct under Title IX. But the ruling still has the potential to make the government vulnerable to a barrage of lawsuits from nonprofit organizations that previously looked unlikely to succeed…It’s not yet clear whether SurvJustice, Equal Rights Advocates, and Victim Rights Law Center will amend their complaint in response to this ruling, or whether ED will publish new proposed Title IX regulations that would arguably moot the case. If the former, the case will continue to be one to watch closely. If the latter, we look forward to participating in the notice-and-comment process along with the plaintiffs and everyone else who will be affected by the new regulations — just as we all should have had the opportunity to do in 2011.
thefire By Susan Kruth
