Today: Toolkit and Conference Call on Proposed Title IX Regulations

National Association of Scholars

Join us today, Wednesday, December 12, for a conference call to discuss the Department of Education’s newly proposed regulations to enforce Title IX of the Education Amendments of 1972.

The proposed regulations have entered a sixty-day comment period, during which the Department of Education is collecting feedback. NAS has submitted a comment, and we encourage NAS members to submit comments as well. Below, we provide a template comment you may use.

What: Conference call to discuss Title IX regulations
When: Today, Wednesday, December 12, 3:00-4:00 PM Eastern
Where: Call in to 855-369-0450 and use conference code 52-275-553 #

Template Comment on Title IX Regulations

To submit a comment to the Department of Education, visit and click “Comment now.” The deadline for submitting a comment is January 28, 2019.


Submitted via

Kenneth L. Marcus
Assistant Secretary for Civil Rights
Department of Education
400 Maryland Avenue, SW
Washington, DC 20202

Re: Docket No. ED-2018-OCR-0064, RIN 1870–AA14, Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance

Dear Mr. Marcus:

I write in support of the Department of Education’s proposed regulations enforcing Title IX of the 1972 Education Amendments.

[Introduce yourself, including any personal experience or expertise that bears on this matter.]

The proposed regulations are quite strong and—with some modest improvements—should be implemented at once.

I particularly support

  • The definition of harassment as “unwelcome conduct on the basis of sex that is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity.” (Section 106.44(e)(1))
  • The acknowledgment that in mishandling allegations of sexual harassment, colleges and universities may be guilty of discrimination against women or men. (Section 106.45(a))
  • Requiring colleges to consider all evidence, inculpatory or exculpatory. (Section 106.45(b)(1)(ii))
  • Requiring the presumption of innocence. (Section 106.45(b)(1)(iv))
  • Requiring written notice of all allegations to both parties. (Section 106.45(b)(2))
  • Requiring that both the accuser and accused may have advisors present during any grievance proceedings. (Section 106.45(b)(3)(iv))
  • Providing for a live hearing with cross-examination. (Section 106.45(b)(3)(vii))
  • Prohibiting a “single-investigator” model, in which one person serves as fact-finder, jury, and judge. (Section 106.45(b)(4))

However, I believe the regulations would better promote fairness by

  • Requiring the use of the “clear and convincing” standard of evidence. The “preponderance of evidence” standard, which assigns guilt on the basis of more than 50% probability, is insufficient to get at the truth. (Section 106.45(b)(4)(i))
  • Requiring public disclosure of all training material for Title IX coordinators and other officers. (Section 106.45(b)(1)(iii))
  • Prohibiting double jeopardy. (Section 106.45(b)(5).) By permitting accusers to appeal findings of not guilty, the Department permits accused students to face multiple trials for the same accusation.

Thank you for your attention to this matter.

Your Name
Your Title

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