Assessing the Department of Education’s Proposed 2018 Revisions to its Regulations under Title IX of the Education Amendments Act

13 Pages Posted: 8 Jan 2019 Last revised: 17 Jan 2019

See all articles by Marc Edelman

Marc Edelman

City University of New York - Baruch College, Zicklin School of Business; Fordham University School of Law

Date Written: December 1, 2018

Abstract

On November 16, 2018, the U.S. Department of Education (“DOE”), under President Donald Trump, released a proposal to change the rules that schools must follow when addressing sexual misconduct allegations under Title IX of the Education Amendments Act of 1972. These proposed rule changes are exemplary to the extent they create safeguards to ensure that students accused of sexual misconduct receive the “basic rudiments of due process.” However, they fall short of their intended mark by reducing the obligations placed on school personnel to affirmatively act to prevent sexual wrongdoing. This article argues that the Department of Education should implement its proposed rule changes that afford students accused of Title IX violations with the basic rudiments of due process, while modifying its proposed rule changes that would limit public and private school liability.

Keywords: education law, Title IX, sexual misconduct, education, education amendments act, due process, school personnel, school liability, Donald Trump, Betsy DeVos, MeToo, sexual harassment, college

JEL Classification: K1, K14, K19, K2,K20, K23, K29, K30, K4, K40, I00, I10, I18, I2, I20, I21, I23, I24, I28, Z21, Z28

Suggested Citation

Edelman, Marc, Assessing the Department of Education’s Proposed 2018 Revisions to its Regulations under Title IX of the Education Amendments Act (December 1, 2018). Wake Forest Journal of Law & Policy (2019); Baruch College Zicklin School of Business Research Paper No. 2019-01-03. Available at SSRN: https://ssrn.com/abstract=3306639 or http://dx.doi.org/10.2139/ssrn.3306639

Marc Edelman (Contact Author)

City University of New York - Baruch College, Zicklin School of Business ( email )

One Bernard Baruch Way
Box B9-220
New York, NY 10010
United States

Fordham University School of Law ( email )

140 West 62nd Street
New York, NY 10023
United States

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