NAICU Washington Update

NAICU Joins Amicus Brief in Second Title IX Case

July 09, 2020

Last month, the Department of Education issued new Title IX regulations governing sexual harassment and assault on college campuses. Since publication of the regulations, at least four lawsuits have been filed, though only three of these legal challenges have sought injunctive relief. 

Two weeks ago, NAICU signed on to an amicus brief filed in support of 17 states and the District of Columbia in a case challenging the new regulations. This week, NAICU joined a similar amicus brief filed in support of New York, which is also suing to block the Title IX regulations. 

NAICU is among 25 higher education associations to join the brief, which focuses exclusively on seeking an injunction to delay the regulations’ August 14 implementation date.  Like the brief filed in the DC lawsuit, the New York brief does not address the merits of the claims in the case. Instead, the brief focuses on the extreme challenges that institutions are facing as they attempt to implement the regulations by the effective date.

Should the opportunity present itself, NAICU is likely to join similar briefs in other cases seeking a delay of the effective date of the regulations. 

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