Biden Regs Vacated - Calling it “Arbitrary and Capricious.”

On April 19, 2024, the U.S. Department of Education Released its 2024 Title IX Regulations under President Biden. While the rule expanded the definition and scope of what is considered sex discrimination under Title IX, aiming to provide protections for an increased population of individuals, the regulations would drastically change the way schools would be permitted to respond to allegations of sexual misconduct. The 2024 Regulations would allow schools to strip accused students of several due process protections that were set forth by the 2020 Title IX Regulations, including the right to cross-examine an accuser; the requirement that a school’s decision-maker must be different than its investigator; and the right to review all evidence, as opposed to a summary of the evidence. The 2024 Regulations were set to go into effect on August 1, 2024.

Since April 19, 2024, there have been a total of 8 federal lawsuits, wherein 26 states, including Ohio, have sought an injunction, asking courts around the country to block the 2024 Regulations from going into effect. Each of these lawsuits have resulted in the requested injunction. While the reason for the sought injunctions did not focus on the disciplinary process, the granted injunctions covered the entirety of the Regulations.

On August 16, 2024, the United States Supreme Court issued a ruling leaving the injunctions intact. The ruling had the practical effect of ensuring the disciplinary process featured in the 2020 Regulations will remain in effect in Ohio and the 25 other states while the lawsuits continued to progress.

On January 9, 2024, the United States District Court for the Eastern District of Kentucky rejected the Biden Regulations completely, vacating the 2024 Final Rule and calling it “arbitrary and capricious.” The ruling means that in six states, Kentucky; Tennessee; Indiana; West Virginia; Virginia; and Ohio, educational institutions may continue using the 2020 Regulations. This is considered good news among many due process advocacy groups, as the 2020 Title IX Regulations contain important due process rights for both the accusers and the accused, ensuring a fair and trustworthy process for all.

At Friedman Nemecek Long & Grant, L.L.C., our team of experienced Title IX and Student Disciplinary lawyers have represented students, faculty members, and coaches across the United States. Our lawyers stay current on the constant changes affecting Title IX proceedings and utilize our specialized knowledge, passion, and creative approaches to provide aggressive and robust representation in Title IX and Student Disciplinary matters. If you have questions regarding a student’s rights in Title IX or student conduct proceedings, or you have been subjected to, or accused of, sexual misconduct, sexual assault, dating violence, or sexual harassment on campus, please call Friedman Nemecek Long & Grant, LLC, at 888-694-4645 for a free initial consultation.

The full opinion can be found at: https://storage.courtlistener.com/recap/gov.uscourts.kyed.104801/gov.uscourts.kyed.104801.143.0_1.pdf