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What Is Important To Know About the Proposed Title IX Regulations

After much speculation and anticipation, on November 16, 2018, the Department of Education finally released its proposed Title IX regulations. When you review the proposed regulations, it is apparent that the Department of Education has made a substantial rewrite to the Title IX regulations. What does this mean to you? In a nutshell, there are many significant changes to the Title IX regulations that you should be aware of, and we would recommend wariness of articles/blogs that appear to “summarize” the regulations. The implications of this revised regulation are extremely complicated and institutions need to be cautious about moving forward and addressing the changes. Institutions should review their current policies and procedures with legal counsel and determine what can be preserved of those policies and procedures. While these revised regulations are a significant overhaul and wide reaching, there are likely some processes that can be retained with minor revisions. It is unlikely that the proposed regulations will become effective in the next several months; however, if and when the regulations do become effective, it is possible that institutions will be given a tight timeline to come into compliance with the regulations.

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About this Author

Jim Newberry, Government Relations, Attorney, Steptoe Johnson Law Firm
Member

Jim Newberry focuses his practice in the areas of higher education, government relations, and regulatory matters.  He recently served as Mayor of Lexington and has extensive leadership experience in the equine industry, legal service industry, state government and higher education.  Mr. Newberry is leader of the firm's Higher Education Team and serves as the Managing Member of the firm's Louisville, Kentucky office.

(859) 219-8226
Senior Attorney

Peter Lake is a nationally recognized expert on a variety of higher education topics, including Title IX.  He is professor of law, Charles A. Dana chair and director of the Center for Excellence in Higher Education Law and Policy at Stetson University College of Law.  At Steptoe & Johnson, Professor Lake is a Senior Higher Education Attorney and member of the Steptoe & Johnson Higher Education Team.

Together with his teaching, Professor Lake practices law and writes in the areas of torts, higher education law and policy, insurance, and jurisprudence, and has won several awards for his teaching and scholarship.  He is an internationally- recognized expert on higher education law and policy and has been quoted or referred to in the New York Times, Wall Street Journal, USA Today, Chicago Sun Times, The Chronicle of Higher Education, Inside Higher Ed, Time, Newsweek, Cosmopolitan, various reported legal decisions including the supreme courts of Virginia and Florida, and the most recent Restatement of the Law of Torts.

(502) 423-2000
Nelva Smith, Workers Compensation Attorney, Steptoe Johnson Law Firm
Associate

Nelva Smith practices in the area of labor and employment law.  Prior to receiving her Juris Doctorate, she was a legal assistant with Scott, Scriven & Wahoff LLP, and was a third party workers’ compensation claims adjuster.  Ms. Smith is experienced representing and defending employers against workers’ compensation claims and defending employers in OSHA matters throughout the United States, as well as charges filed with the Ohio Civil Rights Commission and Equal Employment Opportunity Commission. 

614-456-1656