Delay of New Title IX Rules Under Biden Administration & What It Means

Current Guidelines Continue into the New Year

Despite stated efforts by the Biden administration to revise Title IX regulations, including the goal of overturning changes implemented during the Trump era and the reinstatement of guidelines from 2011, the new regulations have not yet come into effect. This delay means that the current guidelines will persist for the foreseeable future. Therefore, educational institutions nationwide will continue to operate under these existing Title IX rules.

Review of Changes to Title IX Under the Trump Administration

The Trump administration made notable modifications to Title IX in May of 2020. These changes, spearheaded by former Secretary DeVos, were primarily centered on reinforcing basic due process rights for individuals facing accusations of sexual misconduct or harassment. The revisions included provisions for cross-examination and live hearings.

Furthermore, these changes introduced a more narrow interpretation of sexual harassment, as well as excluding incidents that occur off-campus from Title IX’s remit. This fundamentally altered the landscape of how educational institutions handle reports of sexual misconduct.

DeVos's policy changes also placed an emphasis on the presumption of innocence for accused individuals at the commencement of any investigation. This represented a significant departure from previous rules, which operated on a “preponderance of evidence” standard. The implications of these changes continue to be felt in educational institutions nationwide, shaping how Title IX cases are managed and adjudicated.

Uncertainty in the Current Political Landscape: Guidance for Those Accused of Title IX Violations

The current political climate and shifting Title IX regulations can create a sense of uncertainty and confusion for individuals facing accusations of sexual misconduct or other Title IX violations. As the standards for Title IX cases continue to evolve and adapt, it may be challenging to comprehend your rights fully, let alone navigate the complex legal framework. In such scenarios, it is crucial to consult an experienced attorney, like our team at Parisi, Coan & Saccocio, PLLC.

We can help you throughout your case, including with the following case-related tasks:

  • Understanding Your Rights: We will help you to understand your rights under the current Title IX guidelines and ensure they are upheld during the investigation and adjudication process.
  • Navigating Current Title IX Guidelines: Our team will guide you through the current Title IX guidelines as they apply to your unique situation, demystifying the legalese and helping you understand what to expect.
  • Developing a Defense Strategy: Drawing on our comprehensive understanding of Title IX cases, we will work with you to craft a robust defense strategy, advocating for your interests at every stage of the process.
  • Representing You in Hearings: We will stand by your side during any required hearings, ensuring your voice is heard and your rights are defended.
  • Providing Emotional Support and Guidance: Facing accusations of sexual misconduct can be a highly stressful and emotional experience. Our team provides legal knowledge and counsel throughout this challenging process.

At Parisi, Coan & Saccocio, PLLC, we are keenly aware of the evolving landscape of college and university disciplinary systems and Title IX legislation. Our team, led by seasoned attorney Patrick Saccocio, carries deep experience in representing individuals facing accusations in both state and federal courts. We firmly stand against all forms of sexual harassment and violence, while also advocating for fair, unbiased, and transparent adjudication processes that uphold the fundamental due process rights of the accused.

If you find yourself entangled in a Title IX case, reach out to us at Parisi, Coan & Saccocio, PLLC. We’re here to help.