Assessing the Department of Education’s Proposed 2018 Revisions to its Regulations under Title IX of the Education Amendments Act

Abstract

On November 16, 2018, the U.S. Department of Education (“DOE”), under President Donald Trump, released a proposal to change the rules that schools must follow when addressing sexual misconduct allegations under Title IX of the Education Amendments Act of 1972. These proposed rule changes are exemplary to the extent they create safeguards to ensure that students accused of sexual misconduct receive the “basic rudiments of due process.” However, they fall short of their intended mark by reducing the obligations placed on school personnel to affirmatively act to prevent sexual wrongdoing. This article argues that the Department of Education should implement its proposed rule changes that afford students accused of Title IX violations with the basic rudiments of due process, while modifying its proposed rule changes that would limit public and private school liability.