Title IX’s Implementing Regulations Survive Equal Protection Challenge

By: Adria Lynn Silva on August 1, 2021

 

Title IX’s Implementing Regulations Survive Equal Protection Challenge.

In Victim Rights Law Center, et. al. v. DeVos, case no. 1:20-cv-11104 (D.Mass.), the court held that the 2020 regulations did not violate the Equal Protection Clause because the regulations treat men and women the same. However, the court found that the regulation banning evidence not subject to cross examination was imperfect as a respondent could simply skip a hearing. Nonetheless, the court held that the regulations were valid.

In the meanwhile, the Biden Administration is reviewing the 2020 regulations and has come out with guidance regarding the current regulations’ interpretation by the U.S. Department of Education.