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NASPA Statement on the Release of the Notice of Proposed Rulemaking on Title IX

November 16, 2018

Secretary of Education Betsy DeVos today released a Notice of Proposed Rulemaking (NPRM) on Title IX and opened a 60 day comment period. NASPA members and the student affairs community have long awaited the NPRM promised by Secretary DeVos since September 2017 when she rescinded guidance set by the Obama administration and released interim guidance. We appreciate the Secretary and staff of the Office of Civil Rights (OCR) working to provide formal regulations on Title IX providing clarity and concrete direction for institutions of higher education across the country.

NASPA staff are working to review the rule proposed in the NPRM now that it is officially available and will prepare a full analysis to share with members as soon as possible. There is much in the proposed rule that concerns us upon our initial review, specifically related to the scope of jurisdiction for campus investigations, the ability for parties to cross-examine each other, and changes to the standards and processes for students to submit formal reports. We are keenly aware of the urgency of this matter for many NASPA members and appreciate your patience as we examine the full impact of the new proposed rule. We welcome your input as we complete our analysis and invite you to share specific aspects of the rule that you find either promising or troubling with NASPA director of research and practice, Dr. Jill Dunlap or director of policy research and advocacy, Teri Lyn Hinds.

Given the length of the comment period, we will be hosting information sessions for members the first week in December. Information sessions will include a summary of the proposed rule from NASPA staff, how it might impact college campuses, and how members can respond. Please register for any of the following information sessions through the NASPA Online Learning Community:

Monday, December 3 | 2:00 PM ET
Thursday, December 6 | 12:00 PM ET
Friday, December 7 | 2:00 PM ET

We strongly encourage you to work with your campus senior leadership to prepare a comment in response to the NPRM as it is important for OCR to hear directly from institutions about the likely effects of any proposed rule. We will keep you informed as we learn more and are looking forward to hearing from you.