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The U.S. Department of Education's Notice of Proposed Rulemaking on Title IX and Sexual Misconduct (2022)

On June 23, 2022, the U.S. Department of Education Office for Civil Rights published a Notice of Proposed Rulemaking (NPRM) on Title IX. As anticipated, this NPRM seeks to make changes to the current regulations which took effect in 2020 by proposing an expanded definition of sexual harassment and revising institutional compliance obligations, among other things.

Join us for a 2-hour webinar, in which NACUA members Hope Murphy Tyehimba (Johns Hopkins), Patty Petrowski (University of Michigan), and Josh Richards (Saul Ewing LLP), will address the proposed regulatory changes, distill illustrative content from the 700-page preamble, identify ambiguities, and offer practical advice to college and university personnel as they begin to think about operationalizing anticipated regulatory changes. In particular, presenters will discuss:

  • Definitions and jurisdiction, including expanded protections for the LGBTQI+ community and expanded expectations with respect to off campus conduct;
  • Pre-hearing obligations and opportunities, including content about permissive dismissals and informal resolution;
  • The grievance process with respect to sex-based discrimination and sexual harassment; and
  • Other content, including preemption, First Amendment implications, training, and more.

Note: This webinar is a follow-up to a complimentary briefing that was presented on June 28, 2022. It is presumed that webinar participants are generally familiar with the NPRM. NACUA members can access a complimentary recording of the briefing here.