Title IX Final Rule Update?

October 2023 is quickly approaching, and we know that you are wondering if the updated Title IX Regulations will be ready in the timeline indicated by the Office of Civil Rights (OCR) in the spring. The regulatory process for the release of the final rules is clearly defined:

1. The rule must be submitted to the Office of Information and Regulatory Affairs (OIRA).
2. OIRA must meet with individuals and groups that have an interest in this rule and has up to 90 days to do so.  It is estimated that OIRA may meet with more than 100 groups during this period but we cannot predict the volume of meetings. Of course, if there are more meetings, that will extend the time this rule would sit with OIRA.  If needed, OIRA may request a 30-day extension, making the maximum timeframe for these meetings 120 days total.
3. OCR must then consider feedback from OIRA before issuing the final rule. This process may include additional drafting to address the feedback within the Final Rule.
4. Once issued, OCR will provide an enforcement timeline which will be the amount of time campuses will have to update policies and procedures and to train staff on the new regulations.

In all, this process can take 4-6 months from the date of transmittal of the final rule to OIRA which has not yet happened. While we can draw suppositions from these general timelines, it is important to note that until we hear otherwise, the SUNY SCI will continue to prepare for October 2023 and beyond. While there have been several recent articles about this (including this one from Inside Higher Ed), there has been no official statement from the U.S. Department of Education regarding potential delay of the release of the Final Rule to date. As we have more information, we will provide you with timely updates.