OCR Blog Post Stands By May 2022 Date for New Rules
On October 8, 2021, the U.S. Department of Education issued a blog post, “Our Commitment to Education Environments Free from Sex-Based Harassment, Including Sexual Violence.” The blog post comes on the heels of meetings between the administration and at least one advocacy group asking the administration to move more quickly on new Title IX regulations. OCR declined, standing by its plan to issue new proposed regulations in May 2022. In the blog post, OCR explained that its “guidepost” is “thoughtful urgency, recognizing both the urgency of ensuring that students can learn free from sex discrimination and the importance of developing regulations that fulfill this aim effectively….” If the comment period and review of comments for the proposed rule follow the same timeline as the 2020 Title IX regulations, we would expect to see final rules in summer 2024, right before the next Presidential election. Despite that knowledge and pressure from victims rights organizations, the blog makes clear OCR intends to continue “diligently” reviewing the Title IX regulations to prepare to issue a new proposal in 2022.