NAICU Washington Update

NAICU Joins Amicus Brief in Title IX Case

June 26, 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.
This week, 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. 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.  The brief does not address the merits of the claims in the case.
Specifically, the brief notes that the sweeping nature of the regulations will require institutions to review policies, procedures, and practices across virtually all operations, making the implementation deadline difficult, if not impossible, for institutions to meet. According to the brief, “… in light of the extraordinary burdens that have been placed on American colleges and universities in the wake of the COVID-19 global pandemic, that August 14 implementation deadline is problematic in the extreme. Educational institutions cannot meet it without diverting significant focus and resources from other mission-critical demands.”
NAICU expects to join similar briefs that will be filed in the other two cases seeking a delay of the effective date of the regulations, including a brief in support of a lawsuit by the state of New York that is expected to be filed soon.