No Title IX Statute Revisions in Immediate Future

School districts through Vermont and the country were anticipating the Biden administration’s stamp/revision of the Title IX sexual harassment policy the past spring and/or summer. Those in the know now believe the revisions will come out in October of 2023. Whether the DOE will require implementation in January of next school year is anybody’s guess.

Current requirements of the statute, formulated by the DOE under former President Trump, place a high administrative burden on schools (i.e. complex legal procedures, intensive communication requirements and thorough documentation for decision-making) for schools to meet the letter of the law. Of particular note, are the built in legal protections for the offender (referred to as Respondent in the statute) which prevents any school administrator from issuing discipline or other consequences to the respondent until a lengthy, formal complaint process is completed. This process can take anywhere from 40 to 80 days to complete.

If politics is any measure, it may be safe to assume that the policy will not be any less of burden for schools.