The proposal is set for release before Thanksgiving, possibly this week, and replaces less formal guidance issued by the Obama administration in 2011. The new rules would reduce liability for universities, tighten the definition of sexual harassment, and allow schools to use a higher standard in evaluating claims of sexual harassment and assault.
The rules stem from a 1972 law known as Title IX that bars sex discrimination at schools that receive federal funding. Most of the attention is on higher education, but the rules also apply to elementary and secondary schools. Once published in the Federal Register, the proposal will be open for public comment before being finalized.
The regulation lands amid a national debateover sexual assault, including whether Justice Brett M. Kavanaugh should have been elevated to the Supreme Court after allegations surfaced that, as a teenager, he sexually assaulted a girl. He denied the accusation and was confirmed. Defending Kavanaugh, President Trump declared it “a very scary time for young men in America” who faced the possibility of false claims.
Last year, DeVos rescinded the 2011 Obama guidance, denouncing it as overly prescriptive and lacking due process for the accused. She promised to write a regulation to replace it.