WLP’s Analysis of the New Title IX Rules

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The U.S. Department of Education recently released its long-awaited final regulations governing campus sexual assault under Title IX, the law prohibiting sex discrimination at federally funded institutions.

We strongly oppose the new rules.

Title IX is a federal statute adopted in 1972 that prohibits sex discrimination in education programs. Under Title IX, schools receiving federal money must respond to sexual harassment and sexual violence.

WLP submitted comments detailing our strong opposition to the proposed rules when they were issued in November 2018. Our comments were one of more than 124,000 public comments submitted in response to the proposed rules.

Title IX has long been interpreted as requiring schools to take prompt and effective steps to eliminate and prevent sexual harassment and remedy its effects while treating student complainants and accuseds fairly pursuant to Title IX’s equality requirement.

The new rules subvert the intent of Title IX.

The new rules will harm students who are subjected to sexual harassment and deter reporting. The new regulations narrow schools’ obligation to respond to sexual harassment, the nature of that response, and the behavior that is prohibited while mandating procedures favoring the accused.

A lawsuit seeking to block the new rules was recently filed on behalf of four advocacy groups for people who have been sexually assaulted, including Know Your IX and Girls for Gender Equity.

Unless and until these regulations are overturned, students will be left without a remedy for sexual harassment in a number of situations when the new rules go into effect on August 14.

You can review or download our full statement on the new Title IX rules here.

The Women’s Law Project is a public interest law center in Pennsylvania devoted to advancing and defending the rights of women, girls, and LGBTQ+ people in Pennsylvania and beyond.

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