gavel

18 state attorneys general sue Department of Education over Title IX rule changes

June 5, 2020
The lawsuit argues that the changes undermine protections against sexual discrimination and harassment.

A coalition of state attorneys general has sued the Trump administration, contending that its decision to change Title IX regulations weakens protections against sexual discrimination and harassment.

Law.com reports that the lawsuit contends that the proposed Department of Education rule undermines the purposes of Title IX.

The attorneys general want to stop Education Secretary Betsy DeVos from enacting the rule.

“Title IX’s mandate is simple: Our schools must give women and men equal access to education, which means no one should experience sexual harassment,” Pennsylvania Attorney General Josh Shapiro said in a statement. “But instead of making it easier for students to report, and for schools to respond, to sexual harassment, Secretary DeVos has unlawfully narrowed Title IX’s reach.”

[View the 119-page legal filing]

Angela Morabito, press secretary at the U.S. Department of Education, declined to address the suit directly, but said the new Title IX rules protect all students by requiring schools to follow a reliable, transparent, and fair process in handling complaints of sexual misconduct.

The  attorneys general argue that the Trump administration rule substantially narrows the definition of sexual harassment, and limits the scope of Title IX’s coverage, effectively denying protection to students who are sexually assaulted in off-campus housing or on the way to or from school.

In addition, they say the new measure creates harmful barriers to formal complaint filing and investigation.

Parties to the suit are the attorneys general of California, Colorado, Delaware, the District of Columbia, Illinois, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, and Wisconsin.

About the Author

Mike Kennedy | Senior Editor

Mike Kennedy, senior editor, has written for AS&U on a wide range of educational issues since 1999.

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