Today, the ACR Project joined a diverse coalition ofmore than two dozen organizations representing education policy experts, public interest lawyers, civil rights leaders, women, and thousands of parents and concerned citizens in urging the Office of Civil Rights at the U.S. Department of Education to end its current rulemaking under Title IX.
The Department promulgated its current set of regulations in 2020. Those regulations expressly recognized that sexual harassment, including sexual assault, constitutes unlawful sex discrimination under Title IX, while simultaneously ensuring due process in campus grievance proceedings, protecting free speech and academic freedom on campuses, and clarifying an institutions entitlement to a religious exemption under Title IX. Those regulations have withstood numerous legal challenges since.
There is no reason to rewrite the Department’s Title IX rules now. Nor would there be any legitimate grounds for the Department to displace Congress’s legislative role by trying to substantively alter the scope of Title IX through rule-making.
You can review the full letter, below.