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.
Five lawsuits were filed challenging the legality of these regulations under the Administrative Procedure Act and the U.S. Constitution. The five 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 five cases in order to argue that the regulations are not merely good policy choices but actually required by the Constitution. One motion is pending, one has been granted, two have been denied, and one case was dismissed.
The cases are: