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SAVE Commends Attorneys General for Lawsuit to Block Dud Title IX Proposal

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Rebecca Stewart: 513-479-3335


SAVE Commends Attorneys General for Lawsuit to Block Dud Title IX Proposal

WASHINGTON / June 30, 2022 – Last Thursday the Department of Education released its proposed Title IX regulation (1). Within days, the Attorneys General from 20 states amended a prior lawsuit (2) against the Department of Education to also obtain a Preliminary Injunction to block implementation of the draft Title IX rule (3).

The June 27 amended lawsuit explains that the Department of Education issued a Notice of Interpretation in 2021 that stated, “Title IX’s prohibition on sex discrimination encompasses discrimination on the basis of sexual orientation and gender identity.” Then the Department of Education used its own sub-regulatory statement as a legal basis for its recent Title IX policy.

This sidesteps the well-recognized administrative procedure to first issue a regulation, and then release guidance that interprets the regulation.

The newly released draft regulation has triggered a strong negative response. Within seven days, the new policy has resulted in (4):

  1. Criticisms by Republican and Democratic members of Congress.
  2. Statements of opposition by over 50 national and state-level organizations
  3. Scathing commentaries by the Editorial Boards of the Wall Street Journal (5) and Washington Examiner (6).
  4. Over 30 editorials, including ones that compare the policy to Soviet Show-Trials (7) and to the Spanish Inquisition (8).

An earlier Attorney General letter to the Department of Education warned, “we will fight your proposed changes to Title IX with every available tool in our arsenal.” (9)  Areas of concern include campus due process, free speech, women’s sports, and parental rights (10).

Eleven states have enacted laws designed to assure fairness in campus Title IX proceedings (11). Many of these statutes mandate investigator impartiality, parties’ access to evidence, a formal hearing, cross-examination, and/or the presumption of innocence. All five of these procedures are substantially weakened or eliminated by the draft Title IX policy.

SAVE commends the 20 Attorneys General for taking bold action. SAVE calls on the Attorneys General in the remaining 30 states to take proactive steps to assure campus fairness and due process in all institutions of higher education in their states.