BERWYN, Pa., Jan. 29, 2019 /PRNewswire/ -- The Association of Title IX Administrators' (ATIXA's) Comments on the U.S. Department of Education's (ED) Notice of Proposed Rulemaking on Regulations Implementing Title IX (Title IX NPRM) are now available here. ATIXA's Board of Advisors and 3,000 members collaborated with ATIXA's Leadership to produce this document. ATIXA encourages its members and fellow Title IX practitioners to review and use these comments as a template for individual additional comments. For more information on submitting comments, please visit here. ATIXA's comments will be submitted to the Department of Education by Wednesday, January 30th, at 5:00pm Eastern time.
ATIXA has long advocated for fair, impartial, and transparent procedures for resolving allegations of sex-based discrimination in educational programs and activities. ATIXA has already developed and promulgated model policies and procedures that encompass many of the proposed regulations' provisions as best practices in the field, including providing timely notice of charges, an equitable opportunity to review and rebut relevant evidence, equity of participation in the investigation process, opportunity to review and comment on a detailed and comprehensive investigation report, notice of outcomes and rationales, and equitable opportunities to appeal. ATIXA appreciates ED's efforts designed to increase and ensure transparency within Title IX grievance procedures through the proposed regulations, but also raises significant questions about the authority, legality, and effectiveness of much of what is proposed.
Once implemented, ED's proposed regulations will mark a new era in Title IX implementation and enforcement as they carry the full force of the law and go well beyond previously published sub-regulatory guidance. The proposed rules seek to change fundamental paradigms of Title IX compliance that have guided most recipients since 2011, and many since 2001. Regulating Title IX in such an extensive and detailed manner presents significant potential challenges as funding recipients are subject not only to OCR's mandates, but also to Title IX and due process case law that is currently evolving at an unprecedented pace.
ATIXA respectfully submits comments, questions, and recommendations based on the Title IX NPRM. We have included proposals for rule modifications to align the regulations with established industry practices and relevant court decisions. Our comments are organized as follows: a) thematic categories (e.g. terminology, institutional response, investigative procedures) (pp. 2-10); b) direct responses to the proposed regulation sections (pp. 11-40); and c) comments on existing regulation sections (pp. 41-42).
ATIXA appreciates ED's commitment to respond to each of ATIXA's comments, as well as those submitted by the thousands of other concerned stakeholders who have taken the time to submit comments.
ABOUT ATIXA Founded in 2011, ATIXA is the nation's only membership association dedicated solely to compliance with Title IX and the support of more than 3,500 administrator members who hold Title IX responsibilities in schools and colleges. ATIXA is the leading provider of Title IX training and certification in the U.S., having certified more than 3,000 Title IX Coordinators and more than 8,000 Title IX investigators since 2011.