New Title IX Rule Delayed

The Department of Education issued an announcement this past Friday that it was delaying until October 2023 the release of new Title IX regulations addressing how institutions must respond to sexual assault and violence.  Previously, the anticipated release date was this May, causing many schools to fear another tight schedule to revise policies and train staff, as happened when the current rule was released in May 2020 and implementation was required before the start of the 2020-2021 school year.  The Department’s announcement also indicated that it expected to issue an athletics regulation in October addressing the participation of transgender students on sports teams.

With this announcement, summer 2023 may be relatively quiet for Title IX staff but the fall looks to be busy, although just how busy remains to be seen. The Department said nothing about the implementation date for the new regulations. A mid-academic year implementation might be in the cards, with compliance required by January 2024, although most schools will be hoping changes will not be required any sooner than the 2024-2025 academic year.

Wyche’s education practice group stands ready to assist with any Title IX and related regulatory compliance questions.

Wade Kolb

Wade S. Kolb III

Wade’s practice centers on advising educational institutions and employers of all types in navigating complex legal problems. His career handling litigation and appellate work informs the analysis he provides and facilitates his role as trusted outside general counsel.

A former teacher, Wade leads Wyche’s education law practice, providing guidance to secondary schools and institutions of higher education on policy and handbook reviews, student discipline and honor code matters, and regulatory compliance, including Title IX. Wade also leads Wyche’s internal investigations group, helping clients promptly and efficiently collect facts and find solutions to a range of issues.

Prior to joining Wyche, he served as a law clerk to the Honorable Ed Carnes on the United States Court of Appeals for the Eleventh Circuit. Active in the community, Wade is a member of numerous boards and non-profit organizations, including the Palmetto Project, the Carolina Youth Symphony, and the Rotary Club of Greenville, of which he served as president from 2022-2023.


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