In a lawsuit involving sixteen states and the District of Columbia, including California, filed against the U.S. Department of Education challenging the new regulations governing how sexual harassment allegations under Title IX of the Education Amendments of 1972 must be adjudicated, U.S. District Judge Carl J. Nichols denied the States’ request for a delay pending the litigation.  The Court’s August 12, 2020 order denying the preliminary injunction can be found here.

Earlier this week, U.S. District Judge John G. Koeltl, also refused to grant a preliminary injunction requested by the school boards for the state of New York and New York City in their lawsuit against the Department. While the states in these lawsuits will continue to litigate their disputes against the Department of Education, the regulations will take effect as scheduled on Friday, August 14, 2020.

The new regulations, released on May 6, 2020, mandate how K-12 and postsecondary education institutions that receive federal financial assistance must define, investigate, and adjudicate claims of sexual harassment under Title IX, the federal law that prohibits discrimination in education based on sex. Read more about the major changes in Title IX implementation here.

If your school, college, or university needs assistance, please contact one of our five offices statewide.  Learn more about LCW’s Title IX compliance training programs and other resources by visiting this page.