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Suzanne Goldberg Weighs in on the Current State of Title IX and What to Expect from the New Regulations

On January 19, 2022, Stop Abuse for Everyone (“SAFE”), a non-profit that provides unique services for domestic violence victims, held an educational discussion and Q&A featuring Suzanne Goldberg, Deputy Assistant Secretary for Strategic Operations and Outreach for the Office of Civil Rights (“OCR”). During the discussion, Ms. Goldberg discussed the current state of the Title IX regulations, as well as what to expect next, as the Department of Education (“the Department”) has already announced that it will be issuing a new proposed rule on Title IX, which seeks to alter the 2020 Title IX regulations.

While Ms. Goldberg was not able to discuss the exact changes coming to the regulations, it is anticipated that the new rule will seek to roll back many of the regulations that have been criticized by survivor advocacy groups, while being celebrated by those who have called for more due process in Title IX procedures. However, Ms. Goldberg was adamant that OCR’s primary focus as it reviews the current regulations is to ensure that all persons have access to a non-discriminatory educational setting, that those subjected to discrimination are provided necessary support, and that each school has equitable and fair grievance procedures. Still, as Ms. Goldberg noted, what is equitable and fair may look different to different people.

Although Ms. Goldberg did not reveal what changes were forthcoming, the Department has given the public an insight as to what can be expected from the new regulations. In July, 2021, the Department issued its “Questions and Answers on the Title IX Regulations on Sexual Harassment (July 2021).” The Q&A describes the OCR’s interpretation of schools’ responsibilities under the current Title IX regulations. Read more on the Q&A can be seen on our blog by clicking here

The next step is for the Department and OCR to issue a Notice of Proposed Rule Making, where the public will see the proposed regulations for the first time. From there, members of the public will be permitted to make comments regarding the rule. The Department and OCR encourage members of the public to share their thoughts and experiences, as the more insight the Department receives, the better it can address the concerns of the public. This proposed rule could be released as early as April 2022.'

With the changing landscape of Title IX regulations, it is ever important to have a well-trained and knowledgeable adviser. At Friedman & Nemecek, LLC, our Title IX attorneys have years of experience dealing with the fluid regulations presented by political changes, court decisions, and securing the rights of all parties at the school level. As the new regulations unfold over the coming months, our attorneys will be prepared and ready to help you with any issues pertaining to Title IX regulations and procedures. If you have questions regarding a student’s rights in Title IX 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, L.L.C., in Cleveland, Ohio at 216-928-7700 for a free initial consultation.