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Title IX Regulation

Defending the Title IX Regulation

BACKGROUND

The historic Title IX regulation went into effect on August 14, 2020:

See SAVE statement: The New Title IX Regulation: Historic Civil Rights Victory

SUCCESSFUL REGULATION

The 2020 regulation has been successful for at least two reasons:

  1. Unsuccessful Lawsuits

Five lawsuits were filed to overturn the 2020 regulation. None of them were successful:

  1. 18 Attorneys General from PA, NJ, CA, CO, DE, DC, IL, MA, MI, MN, NM, NC, OR, RI, VT, VA, WA, and WI— On August 12, 2020, Judge Carl Nichols  denied a motion for preliminary injunction.
  2. Women’s Student Union — Judge Edward Chen denied the lawsuit on August 5, 2021, granting the WSU leave to amend the complaint, and then dismissed the case on February 16, 2022.
  3. Victim Rights Law Center — On July  28, 2021  Judge William G.  Young  issued  a historic ruling  that  upheld  12  out  of  13  provisions  in  the  Rule  that  the  plaintiffs  had  challenged.
  4. State of New York — On August 9, 2020, Judge John G. Koeltl denied the request for a Preliminary Injunction. The lawsuit was withdrawn on November 3, 2020.
  5. American Civil Liberties Union — Judge Richard D. Bennett ruled on October 20, 2020 that the plaintiffs lacked standing to sue.

2. Lawsuits by Accused Students

In 2017, Secretary Betsy DeVos announced that the 2011 Dear Colleague Letter would be removed, and a new regulation issued in its place. As a result, the number of federal and state lawsuits against schools by accused students began to drop precipitously:


Source: Title IX for All

CASE LAW

SAVE has conducted a detailed review of 175 judicial decisions and cross-matched the judicial language to each of the 27 major regulatory provisions contained in the 2020 Title IX regulation. The Analysis of Judicial Decisions Affirming the 2020 Title IX Regulation — 2022 Update concludes that each of the 27 major provisions in the 2020 regulation is consistent with at least one judicial decision.

SAVE TESTIMONY

SAVE submitted the following oral and written testimonies to the OCR during its Public Hearing, June 7-11, 2021:

  1. SAVE Oral Testimony to the Office for Civil Rights
  2. Petition Calling for Impartial Campus Investigations – Signed by 5,131 persons:
  3. Statement in Support of Due Process in Campus Disciplinary Proceedings – Signed by 309 leading professors, attorneys, and others
  4. Ten Considerations in the Campus Fairness Debate — Signed by 110 persons
  5. Key Documents Detailing the Elements of Campus Due Process
  6. Appellate and Trial Court Courts Define the Elements of Due Process

For more information, see Failed Experiment in Campus Jurisprudence, 2011-2019.