The 2022 Title IX Notice of Proposed Rule Making (NPRM) Was Published By The Department of Education in June 2022
The United States Department of Education released Final Regulations under Title IX of the Education Amendments of 1972 on May 6th, 2020. To assist institutions with understanding the regulations and their effect, the organizations below, and the attorneys listed on the right, have decided to work together to issue a Joint Guidance. In the Joint Guidance, we will review each provision, provide analysis (including overlap, harmony, or conflict with the Clery Act as amended by the Violence Against Women Act and various state laws), and provide initial guidance regarding implementation and challenges that may arise.
The Joint Guidance is a project of about 50 dedicated attorneys who work on campus Title IX issues (you can see participants listed alphabetically on the right). It is intended to be thoughtful, high-quality, and widely available to institutions large and small, public and private, urban and rural, well-resourced, and budget challenged. Crucially, there will be no charge to access the Joint Guidance or any of its components. This Joint Guidance will be continuously updated as additional resources come online. While hosted and coordinated by SUNY, this is a project of equal partners dedicated to collegially helping colleagues in higher education.
There may be a tendency to “panic” about what Title IX Regulations will mean for institutions, processes, and most importantly, students. Individuals from certain quarters may use language that encourages such panic. But student and community trust in the systems that we use on our college campuses comes not from panic and rapid changes in response to shifting winds, but from a steady approach, mindful of the laws and regulations on point, but always seeking to build balanced policies that best serve students. The intent of this Joint Guidance is firmly not to sow or contribute to panic but to provide clear, plain-language analysis and compliance guidance, as well as an update on the effective date, litigation and legislation that may postpone effectiveness, and compliance resources that are available for use. There may be several steps before institutions have to implement the changes that may come from the regulations, and we urge a thoughtful, campus-specific, approach (prepared in partnership with your campus or outside counsel, and mindful of your state and local laws and regulations) rather than jumping into major changes before full consideration.
Further, we recognize that these Regulations come amidst the significant challenges of responding to a global pandemic. This may pose additional challenges for institutions trying to meet the obligations of these Regulations.
Last Updated: 9/18/20 - 3:24pm
Participating Contributors (Alphabetical)
Laura Bacon
Alex-Marie Baez
Natasha Baker
Laurie R. Bishop
Courtney Bullard
Mallory Campbell
Melissa Carleton
Sandra Casey
Chantelle Cleary
Theresa Conroy
Eliza Davis
Janet Faulkner
Ian Forgie
Candace Gomez
Allison Gotfried
John Graff
Julia E. Green
Elizabeth Griffin
Adam Haney
Kelly Hendricken
Kendall Hoechst
Dinamary Horvath
Janet Judge
Howard Kallem
Amy Klosterman
Ari Kristan
Mark Lemire
Kalani Linnell
Abbey Marr
Doreen Martin
Emily Mawer
Kai McGintee
Alexandra Mitropoulos
Kathryn Nash
Jeffrey Nolan
Joshua Nolan
Debbie Osgood
Jennifer Papillo
Rachel Pereira
Katherine Reid
Steven Richard
Joshua Richards
Scott Roberts
Scott Schneider
Cara Palumbo Schrantz
Tina Sciocchetti
Andrew Shaw
Jody Shipper
Jane Sovern
Andrea Stagg
Joseph Storch
Angela Tylock
Stephen Vaughan
Rebecca Veidlinger
Michael J. Volpe
Kacey Houston Walker
Scott Warner
Adam Wolkoff
The Joint Guidance on the 2020 Title IX Regulations is prepared as a service by in house and firm attorneys, but does not represent legal advice. The Joint Guidance is compliance advice and no attorney/client relationship is formed with any contributor or their organization. Legal advice for specific situations may depend upon state law and federal and state case law and readers are advised to seek the advice of counsel. The Joint Guidance is available absolutely free pursuant to a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International license (meaning that all educational institutions are free to use, customize, adapt, and re-share the content, with proper attribution, for non-commercial purposes, but the content may not be sold).
For specific questions, please email Project Coordinator Kelly Hendricken.