As the National Collegiate Athletic Association’s (NCAA) women’s and men’s basketball March Madness tournaments become a distant memory in the rearview mirror, and the comment period deadline for the U.S. Department of Education’s proposed Title IX regulations specific to sex-related eligibility criteria for male and female athletics teams has passed, the timeline for the Title IX Final Rule regarding “Nondiscrimination on the Basis of Sex” still lingers.
To date, approximately 123,000 comments have been submitted in response to the proposed Title IX Athletics regulations and almost 240,000 comments were submitted in response to the proposed regulations concerning “Nondiscrimination on the Basis of Sex.”
Although May XX, 2023 is reflected as the anticipated release deadline for a 2023 Title IX- Nondiscrimination on the Basis of Sex final rule, there are operational “indicators” on the federal level to suggest that the final regulations will surface later this year. In the meantime, our team has been developing and compiling various Title IX Joint Guidance and Resources to help inform your preparation for the upcoming year.
To assist institutions with understanding the regulations and their effect, in furtherance of accurate and effective implementation, a team of organizations and attorneys have graciously volunteered their time to research and review Title IX updates from the Department to compile and create resources and guidance similar to our 2020 Title IX Joint Guidance initiative. Special thanks to all of those who have collaborated with SUNY’s Office of General Counsel and the SUNY Student Conduct Institute in this effort.