FIRE defends Title IX regs

Education Dept. issues new Title IX regs with crucial campus due process protections, adopts Supreme Court sexual harassment definition

FIRE fights back against lawsuits challenging 2020 Title IX regulations

On May 6, 2020, the Department of Education issued Title IX regulations requiring educational institutions to use the Supreme Court’s definition of student-on-student sexual harassment and to provide students several important procedural safeguards during disciplinary processes for sexual misconduct cases. The regulations took effect August 14, 2020.

Four lawsuits were filed challenging the legality of these regulations under the Administrative Procedure Act and the U.S. Constitution. The four lawsuits’ allegations include that the regulations are not in accordance with law, they exceed the Department of Education’s authority, they are arbitrary and capricious, the Department did not follow APA procedures in enacting the regulations, and the regulations violate the equal protection guarantee of the Fifth Amendment.

FIRE filed motions to intervene as defendants in all four cases in order to argue that the regulations are not merely good policy choices but actually required by the Constitution. One motion has been granted, and two have been denied.

The cases are:

FIRE defends Title IX regs in court: Know Your IX et al. v. DeVos

Current Status: FIRE, Independent Women’s Law Center, and Speech First filed a motion to intervene as defendants.

Know Your IX; Council of Parent Attorneys and Advocates, Inc.; Girls For Gender Equity; and Stop Sexual Assault In Schools v. Elisabeth D. DeVos; Kenneth L. Marcus, and United States Department of Education (U.S. District Court for the District of Maryland) (filed May 14, 2020 by the ACLU)

FIRE defends Title IX regs in court: Pennsylvania et al. v. DeVos

Current Status: FIRE, Independent Women’s Law Center, and Speech First filed a motion to intervene as defendants, which was granted on July 6, 2020. The court denied plaintiffs’ motion for a preliminary injunction on August 12.

Pennsylvania, New Jersey, California, Colorado, Delaware, Illinois, Massachusetts, Michigan, Minnesota, New Mexico, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Washington, Wisconsin, and D.C. v. Elisabeth D. Devos and United States Department of Education (U.S. District Court for the District of Columbia) (filed June 4, 2020)

FIRE defends Title IX regs in court: New York v. Department of Education

Current Status: FIRE filed a motion to intervene as defendants, which was denied on July 10, 2020. This is being appealed. FIRE filed an amicus curiae brief in the case on July 17. The court denied plaintiffs’ motion for a preliminary injunction on August 9.

State of New York v. United States Department of Education and Elisabeth DeVos (U.S. District Court for the Southern District of New York) (filed June 4, 2020)

FIRE defends Title IX regs in court: Victim Rights Law Center et al. v. DeVos

Current Status: FIRE, Independent Women’s Law Center, and Speech First filed a motion to intervene as defendants, which was denied on July 27, 2020. This is being appealed.

Victim Rights Law Center, Equal Rights Advocates, Legal Voice, and Chicago Alliance Against Sexual Exploitation v. Elisabeth D. DeVos; Kenneth L. Marcus, and United States Department of Education (U.S. District Court for the District of Massachusetts) (filed June 10, 2020 by National Women’s Law Center)