A new batch of Title IX regulations from the Department of Education is being eagerly awaited. Since being proposed last year and dragged through the mud in the notice and comment period, those regulations are rumored to be nearing their final form. The Department of Education seems ready to release them any week, now.
But there's a distinct chance that they never go into effect, even after all of this sound and fury.
There Will Likely Be a Delay Before the Regulations Go Into Effect
At the very least, there will likely be a delay before the new Title IX regulations go into effect. This delay would be by design, as the Department of Education doesn't want to surprise all of the colleges in America with a new Title IX system that they need to adapt to, overnight. Just like lots of other laws, the new Title IX regulations will likely have a line that says they will only go into effect on a specific date in the future, giving colleges the time they need to read and understand the new laws and make the appropriate adjustments to their Title IX procedures so they comply with them.
House of Representatives Back Bill to Scuttle New Regulations
However, Democrats in the House of Representatives are pushing a bill that would block the Department of Education's new Title IX regulations. The bill is short, simple, and to the point, and forbids the Department and the Secretary of Education, Betsy DeVos, from implementing the regulations that had been proposed or anything similar to them in the future.
Of course, the bill has little chance of success, even if it does pass the House. The Senate is unlikely to take it up, much less pass it.
Threatened Litigation By Survivor Advocates Would Slow Down Implementation
It's a safe bet to presume that advocate organizations for alleged victims will all file lawsuits the instant the Department of Education releases the new Title IX regulations. Those lawsuits will all demand that a federal judge put a hold on the implementation of the new regulations until the lawsuits get resolved.
The 2020 Election Will Make a Big Difference
The big date that everyone is eyeing is November 3, 2020. Fans of Obama-era Title IX rules that made it easier for alleged victims to file claims of sexual misconduct think that, if they can weather the storm until Election Day and then the Democrats retake the White House, these problems will all go away.
Title IX Defense Attorney and National Advisor Joseph D. Lento
Joseph D. Lento is a Title IX defense lawyer and a national Title IX advisor. He legally represents students, staff, and faculty members who have been accused of sexual misconduct on college campuses. With his help, the accused can demand their due process rights be recognized and taken seriously and can challenge the evidence being used against them. You can reach out to attorney Lento by calling his law office at (888) 535-3686 or by contacting him online.