The Association of Title IX Administrators’ (ATIXA’s) Comments on the U.S. Department of Education’s (ED) Notice of Proposed Rulemaking on Regulations Implementing Title IX (Title IX NPRM) are now available.
The comments come after Secretary DeVos announced that the “era of rules by letters is over,” vowing that the Department of Education would now use the notice-and-comment rulemaking process mandated by the Administrative Procedure Act.
The 43-page report is addressed to Secretary DeVos, breaking down comments into topics that include, institutional response, investigative procedures and statistics.
You can read the full report here.
ATIXA’s Board of Advisors and 3,000 members collaborated with ATIXA’s Leadership to produce this document. ATIXA encourages its members and fellow Title IX practitioners to review and use these comments as a template for individual additional comments. ATIXA’s comments were submitted to the Department of Education by Jan. 30 (the deadline was extended from Jan. 28 to Jan. 30).
ATIXA has long advocated for fair, impartial, and transparent procedures for resolving allegations of sex-based discrimination in educational programs and activities.
ATIXA has already developed and promulgated model policies and procedures that encompass many of the proposed regulations’ provisions as best practices in the field, including providing timely notice of charges, an equitable opportunity to review and rebut relevant evidence, equity of participation in the investigation process, opportunity to review and comment on a detailed and comprehensive investigation report, notice of outcomes and rationales, and equitable opportunities to appeal.
ATIXA appreciates ED’s efforts designed to increase and ensure transparency within Title IX grievance procedures through the proposed regulations, but also raises significant questions about the authority, legality, and effectiveness of much of what is proposed.
Once implemented, ED’s proposed regulations will mark a new era in Title IX implementation and enforcement as they carry the full force of the law and go well beyond previously published sub-regulatory guidance. The proposed rules seek to change the fundamental paradigms of Title IX compliance that have guided most recipients since 2011, and many since 2001.
Regulating Title IX in such an extensive and detailed manner presents significant potential challenges as funding recipients are subject not only to the Office of Civil Right’s mandates but also to Title IX and due process case law that is currently evolving at an unprecedented pace.
