Here's How Title IX Could Change Under Biden's Proposed Rule

Education attorney Jeffrey Nolan was interviewed for an article published by The Chronicle of Higher Education about proposed Title IX regulations and how they would affect higher education institutions. The Biden Administration released the proposed regulations on June 23, 2022, and they would reverse many of the regulations promulgated under the Trump Administration in May 2020. Specifically, the new rule would adopt a broader definition of sexual harassment, increase reporting obligations for certain employees and require schools to respond to instances of sex discrimination that occur off campus, among others. Mr. Nolan commented that in general, the proposed regulations are less prescriptive and give schools more procedural flexibility. For example, he said, schools could consolidate certain procedures, which could in turn decrease confusion for students.

"Institutions will be able to go back to a system where they determine what they think is best for their community, in their jurisdiction," he said.

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