The U.S. Department of Education recently released proposed Title IX rules primarily addressing how schools must respond to sexual harassment, including sexual assault. The proposed Title IX rules as published in the Federal Register can be found here: Proposed Title IX Rules. In addition to submitting your comments to [email protected], you may also submit input directly to UCOP via an online survey which can be found at the Department of Education Proposed Title IX Rules Comment Request Survey.

Your attention is called to the following provisions in particular, which could result in significant changes to UC’s current processes:

  • Requirement to provide for a live hearing (Section 106.45(b)(3)(vii), page 61474)
  • Requirement to allow cross-examination (Section 106.45(b)(3)(vii), page 61474)
  • Changes to the definition of sexual harassment (Section 106.3, page 61466)
  • Elements necessary to trigger the formal grievance process (Section 106.45(b)(3)(vii), page 61474)
  • Institutional choice regarding applicable standard of evidence (Section 106.45(b)(4), page 61477)

Additional information provided by the Department of Education is available here: Secretary DeVos: Proposed Title IX Rule | U.S. Department of Education.

Additional information on UC’s position on the proposed rules is available here: UC troubled by proposed changes to sexual harassment rules.

The draft rules are open for public comment until January 28, 2019 (60 calendar days from their publication in the Federal Register). Due to the short comment period and impending holidays, please provide your comments to [email protected] by December 21, 2018.