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2019 Title IX Alert 1 (2019)

handle is hein.hackboth/ttlixa2019 and id is 1 raw text is: Route To: / / TITLE IX AL Proposed Title IX Regulations Raise Unique Concerns for Rights of Accused By Gregg Clifton, of Jackson Lewis ince the Department of Education's announcement of proposed new regulations coveringTitle IX on November 29, 2018 to clarify and modify existing regulatory requirements, it have been inundated with over 100,000 public comments on the proposed new rules directing campuses on how they will be required to handle cases of sexual assault. Secretary Betsy DeVos opened the public comment period after unveiling her plan to replace Obama-era rules and extended the standard 60 day comment period until February 15, 2019. The Department of Education has confirmed that since the notice and comment period has closed that it is currently reviewing all ofthe comments and will publish the final regulations only after reviewing and considering all public comments. Many of the comments criticized the proposed new rules, raising concerns about the new definition of sexual harassment and the mandate that investigations in- clude live hearings. Other commentators who expressed support for the changes argued that the changes from the Obama- era rules will now require systems to maintain fairness for the accused as well as the alleged victims. As colleges and universities review the Department of Education's proposed new Title IX regulations revising process See PROPOSED or Page 2 Circuit Court Finds Boys Have a Constitutional Right to Try Out and Participate on Dance Teams he 8h U.S. Circuit Court of Appeals has reversed a trial court and deter- mined two Minnesota high school students, who were males, were denied their rights under the Equal Protection Clause of the Constitution when their school did not allow them to try out for the female-only competitive dance teams. The circuit court found, in sum, that the boys had more than a fair chance of prevail- ing on the merits of their case, and that the district court erred in concluding otherwise. In 2018, two boys, D.M. and Z.G., sued the Minnesota State High School League and several of its officers for declaratory and injunctive relief under 42 U.S.C. § 1983. TIhe boys alleged that the league violated their rights under the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution and under Title IX of the Edu- cation Amendments of 1972, 20 U.S.C. §§ 1681-88. Specifically, they claimed that the league unlawfully discriminated against them on the basis of sex through its rule prohibit- ing boys from participating on high school competitive dance teams. TIhe district court denied the boys' motion for a preliminary injunction, and they appealed, leading to the instant opinion. By way of background, the court noted that the plaintiffs, who were 1 lt graders, are passionate about dance and have participated in various dance classes and programs. Both want to dance on their schools' competitive dance teams but, for reasons explained below, have been prohibited from doing so. Appellee Minnesota State High School League (League) is a non-profit corporation that is a voluntary association ofhigh schools. The League exercises authority delegated to it by the high schools to control high school See BOYS HAVE Page 10 Summer 2019

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