Despite 18 attorneys general, including Delaware, Pennsylvania, New York, and Washington, DC, vigorously challenging the substance of the new Title IX Regulations (the Final Rule) and its August 14 effective date by filing a Motion for Preliminary Injunction, two days before the regulations were set to take effect, federal District Court Judge Carl Nichols issued an opinion denying the injunction.
The U.S. Department of Education (DOE) released an unofficial version of the Final Rules on May 6, 2020, requiring colleges, universities, and public school districts to comply with the new regulations by August 14, 2020. Many schools had to conduct wholesale revisions of their existing Title IX policies, procedures, supporting forms, and training to conform to the new federal regulations while handling unpredictable challenges and swift modifications to school operations resulting from the COVID-19 pandemic. A number of organizations filed a brief in support of the attorneys general’s motion. The American Council on Education and 60 higher education groups also opposed the new regulations, echoing the concerns of the attorneys general and characterizing the regulations’ effective date as “cruel” and “counterproductive” in light of the pandemic.