During a recent appearance at George Mason Law School, Secretary of Education Betsy DeVos gave a speech about Title IX regulations that placed virtually all higher education academic institutions in limbo. Focusing her speech on colleges and universities, DeVos told the audience that the current Department of Education regulations regarding sexual misconduct adjudicatory processes on campus are unjust, but she did not offer specific guidance as to what it would consider fair. Instead, she said that the department will engage in a notice and comment rulemaking process and issue revised Title IX regulations.
In an email to reporters after the speech, a spokesperson for the department stated that the Title IX regulations set forth by the prior administration in the 2011 Dear Colleague Letter will be rescinded soon and the department will issue interim guidelines for schools while it revises the regulations. This possibility only further muddies the waters.
