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What Is Important To Know About the Proposed Title IX Regulations

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After much speculation and anticipation, on November 16, 2018, the Department of Education finally released its proposed Title IX regulations. When you review the proposed regulations, it is apparent that the Department of Education has made a substantial rewrite to the Title IX regulations. What does this mean to you? In a nutshell, there are many significant changes to the Title IX regulations that you should be aware of, and we would recommend wariness of articles/blogs that appear to “summarize” the regulations. The implications of this revised regulation are extremely complicated and institutions need to be cautious about moving forward and addressing the changes. Institutions should review their current policies and procedures with legal counsel and determine what can be preserved of those policies and procedures. While these revised regulations are a significant overhaul and wide reaching, there are likely some processes that can be retained with minor revisions. It is unlikely that the proposed regulations will become effective in the next several months; however, if and when the regulations do become effective, it is possible that institutions will be given a tight timeline to come into compliance with the regulations. Therefore, it is recommended that you contact a member of the Steptoe & Johnson Higher Education Team to determine what you need to do now to be prepared for this ever-changing regulatory environment.

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