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 S. Kolb III

Wade S. Kolb III

Wade focuses his practice on litigation, appellate advocacy, education, internal investigations, and governmental representation. Since joining Wyche in the fall of 2011, Wade has had extensive experience in high-stakes commercial litigation, representing both plaintiffs and defendants in state and federal court.
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