UNDERSTANDING The Lawsuits Against New IX Regulations
Four lawsuits have been filed against new Department of Education regulations for how colleges must respond to sexual misconduct on campus. The lawsuits question the merits of the regulations and seek to block their implementation. Although the regulations issued by the U.S. Department of Education completely overhaul current policies and procedures for handling sexual misconduct complaints, the significance of those changes has been largely overshadowed by the coronavirus. The American Council on Education and more than 24 other higher education associations have asked the Education Department for more time to restructure campus policies and procedures. The associations have also asked a federal court to halt the implementation of the changes.
Supporters of the new requirements argue that students will be harmed if the new regulations are not implemented by August.
Robert Shibley, executive director of the Foundation for Individual Rights in Education, said, “Going into yet another school year without these protections in place is not acceptable.” FIRE and other civil liberties groups are planning legal action to ensure the new regulations are implemented by the deadline. READ FULL Article: insidehighered.com-Greta Anderson
A coalition of Red State AGs filed a brief defending the new regulations.
The new rule, the AGs wrote, “requires educational institutions to investigate and, where proved, punish allegations of sufficiently severe, pervasive, and objectively offensive sexual harassment. It also provides a needed framework, consistent with long-standing Supreme Court precedent, that protects the foundational constitutional rights of due process and speech.” READ FULL Articles: Blue State AGs Want To Limit College Students Due Process Rights- Red State AGs Are Fighting Back
