Blog

Anticipating Biden’s Presidency—What’s It Mean For Title IX?

Posted by Joseph D. Lento | Nov 19, 2020 | 0 Comments

Now that the election is over and Joe Biden is the projected winner, many students and schools are wondering about his promises from months ago when he was a presidential candidate. Biden stated that he would address the Title IX changes Betsy DeVos and the Department of Education implemented and give them a “quick end.” Although this article also speaks to general reopening plans amid COVID-19, what's perhaps most of interest is the section that discusses Title IX. Biden has vowed to dismantle all of the new guidance. However, the New York Times asserts that it will not be that simple. They write: “Undoing what is arguably Ms. DeVos's most formidable accomplishment — rules for federally funded schools investigating sexual misconduct — could be tougher.”

NBC agrees. In their coverage of the potential changes, they point out that as a result of how DeVos implemented her regulations (via a “formal rule-making process”), Biden will also have to be as deliberate. There are several potential workarounds that Biden could choose to take; however they are not all easy.

Lawmaking Changes Take Time

In fact, when Trump ran for President in 2016, he also vowed to update and change the Title IX regulations. However, the Department of Education did not release the new proposed rule until November 2018. That was nearly two years later! And then, the regulations had an 18-month period where schools and universities could weigh into the regulations (called a notice-and-comment period). The actual regulations weren't released until May 6, 2020, and schools had until August 14, 2020, to integrate the new policies into their student handbooks, codes of conduct, and so forth.

Although it is only November 2020 and has been just four months since the new guidance was in effect, there have already been several court cases challenging the rulings. In October, a judge threw out a case that the ACLU had brought in an attempt to block the new Title IX regulations.

All this to say, it won't be easy or fast for President-elect Biden to change the new Title IX regulations. He may end up releasing Interim Guidance, as a short-term solution. This is exactly what DeVos did in September 2017.

In the meantime, universities and colleges will need to follow the Department of Education's most recent guidance. They will at least need to do so until the inauguration; however, the compliance will most likely extend beyond then. In our next post, we'll look at some of Biden's potential approaches.

Experienced College Sexual Misconduct Advisor

If you or a loved one is facing college sexual misconduct charges or Title IX charges, you want to make sure you find an attorney-advisor who can assist you in navigating the complex process. Joseph D. Lento and the Lento Law Firm have helped thousands of students over the course of many years. Let him fight by your side, for your due process rights. Call today at 888.535.3686 or reach out to us online.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Joseph D. Lento has more than a decade of experience passionately fighting for the futures of his clients. Mr. Lento represents students and others in disciplinary cases and other proceedings at universities and colleges across the United States while concurrently fighting in criminal courtrooms in Philadelphia, the Pennsylvania counties, and New Jersey. Mr. Lento has helped countless students, professors, and others in academia at more than a thousand universities and colleges across the United States. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. Joseph D. Lento is licensed in Pennsylvania, New Jersey, and New York, and is admitted pro hac vice as needed nationwide.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us Today!

footer-2.jpg

If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact our offices today, and let us help secure your academic career.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations – the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website.  In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Bucks, Chester, Delaware, Montgomery, Berks, Lancaster, Lehigh, and Northampton County.  In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County,  In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties.  Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law.  The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship.  The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

Menu