June 25, 2020
The American Association of Community Colleges (AACC) has cosigned an amicus brief that will be filed in two cases brought by state attorneys general challenging the Trump administration’s controversial Title IX regulations.
The brief was spearheaded by the American Council on Education and cosigned by 24 other higher education associations. Absent a court order to the contrary, the regulations will take effect on August 14.
Eighteen Democratic attorneys general (AGs) have sued in the District of Columbia federal district court, and the New York attorney general is pursing its own case in the New York federal court.
The lawsuits challenge the legality of the regulations for several reasons. Among them, the AGs contend that the U.S. Education Department (ED) failed to adequately consider evidence that the complicated, legalistic grievance process that the regulations require of institutions will chill reporting of sexual harassment on campuses. The AGs also claim that the regulation’s new definition of sexual harassment is too narrow and will preclude institutions from investigating occurrences that fall within the scope of the Title IX statute.