[Wsssc] Fwd: DeVos' new Title IX rule will take effect Friday after legal blocks fail

[Joe Holliday]

In case you haven’t seen this...

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________________________________
From: Jan Yoshiwara <jyoshiwara at sbctc.edu>
Sent: Wednesday, August 12, 2020 2:21 PM
To: Julie Huss; Joe Holliday
Cc: John Boesenberg; Carli Schiffner
Subject: FW: DeVos' new Title IX rule will take effect Friday after legal blocks fail



Jan Yoshiwara
Executive Director
Washington State Board for Community and Technical Colleges

From: Wilson, Morgan (GOV) <Morgan.Wilson at gov.wa.gov>
Sent: Wednesday, August 12, 2020 1:56 PM
To: Aultman, John (GOV) <john.aultman at gov.wa.gov>; Came, Deb (OSPI) <deb.came at k12.wa.us>; Reykdal, Chris <chris.reykdal at k12.wa.us>; Cindy.Rockholt at k12.wa.us; Mastin, Dave <Dave.Mastin at k12.wa.us>; Davis, RaShelle (GOV) <rashelle.davis at gov.wa.gov>; Dierk Meierbachtol <Dierk.Meierbachtol at k12.wa.us>; Pauley, Gayle (OSPI) <gayle.pauley at k12.wa.us>; Glenna.Gallo at k12.wa.us; Plaja, Jenny <jenny.plaja at k12.wa.us>; Katherine.Mahoney at k12.wa.us; Katy Payne <Katy.Payne at k12.wa.us>; Kelly, T.J. <thomas.kelly at k12.wa.us>; Miller, Michaela <michaela.miller at k12.wa.us>; Mueller, Martin (K12) <martin.mueller at k12.wa.us>; Lugalia, Stella <stella.lugalia at k12.wa.us>; Taylor, Kathe <Kathe.Taylor at k12.wa.us>; Tennille.Jeffries-Simmons at k12.wa.us; Terre, Val (OFM) <val.terre at ofm.wa.gov>; Thomas, Jamila (OSPI) <jamila.thomas at k12.wa.us>; Thompson, Maddy (GOV) <maddy.thompson at gov.wa.gov>; Tyler Muench <Tyler.Muench at k12.wa.us>; Kenna-Schenk, Becca <becca.kenna-schenk at wwu.edu>; Bennett, Don (WSAC) <DonB at wsac.wa.gov>; Boggs, Breann (OFM) <breann.boggs at ofm.wa.gov>; Glynda Becker (WSU) <glynda.becker at wsu.edu>; Arlen Harris <aharris at sbctc.edu>; Hollimon, Cynthia (OFM) <cynthia.hollimon at ofm.wa.gov>; Jon Kerr <jkerr at sbctc.edu>; Brown, Kristina <kristina.brown at ltgov.wa.gov>; Meotti, Michael (WSAC) <MichaelM at wsac.wa.gov>; Miller, Michaela <michaela.miller at k12.wa.us>; Papadakis, Eleni (WTB) <eleni.papadakis at wtb.wa.gov>; Francis, Paul <pfrancis at councilofpresidents.org>; Sarah Castro (UW) <smcastro at uw.edu>; Sharpe, Rachelle (WSAC) <RachelleS at wsac.wa.gov>; Standish-Kuon, Terri <terri at icwashington.org>; Thompson, Becky (WSAC) <BeckyT at wsac.wa.gov>; William Durden <wdurden at sbctc.edu>; Jan Yoshiwara <jyoshiwara at sbctc.edu>
Cc: Katims, Casey (GOV) <casey.katims at gov.wa.gov>; Potter, Geoff (GOV) <Geoff.Potter at gov.wa.gov>
Subject: FW: DeVos' new Title IX rule will take effect Friday after legal blocks fail

FYI – as if there weren’t enough uncertainty already for this school year…



DeVos' new Title IX rule will take effect Friday after legal blocks fail

By Bianca Quilantan

08/12/2020 03:54 PM EDT

A federal judge refused a multi-state effort to strike down Education Secretary Betsy DeVos' new Title IX rule, clearing the path for the policy to take effect Friday.

District of Columbia Circuit Court Judge Carl John Nichols, in an order released Wednesday, denied a request for a stay and preliminary injunction from attorneys general in 17 states and the District of Columbia while the lawsuit continues.

“Although Plaintiffs have raised serious arguments about certain aspects of the Rule, they have not established a likelihood of success on their claims, nor have they established that they are likely to suffer substantial irreparable harm pending further litigation,” Nichols wrote<https://www.courtlistener.com/recap/gov.uscourts.dcd.218699/gov.uscourts.dcd.218699.97.0.pdf?source=email>.

DeVos touted the ruling as a victory for students and said it reaffirms “basic American principles of fairness and due process.”

The new Title IX rule, which mandates how colleges and K-12 schools must respond to reports of sexual misconduct, will mark DeVos' legacy as head of the Education Department. The secretary has said the rule officially codifies protections to hold schools accountable by ensuring survivors are not brushed aside and the accused are not prematurely assumed guilty.

“With yet another failed attempt to block our historic Title IX Rule, we can now look forward to it taking effect this Friday, requiring schools to act in meaningful ways to support survivors of sexual misconduct without sacrificing important safeguards to protect free speech and provide all students with a transparent, reliable process,” DeVos said in a statement.

Key context: The complaint was led by the attorneys general of Pennsylvania, New Jersey and California. Top state lawyers also joined the suit in representing Colorado, Delaware, the District of Columbia, Illinois, Massachusetts, Michigan, Minnesota, New Mexico, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Washington and Wisconsin.

The state lawyers want the rule to be declared unlawful and nixed.

The Wednesday decision follows another judge's denial Sunday of a motion to block the rule from taking effect in New York while legal action continues. Southern District of New York Judge John G. Koeltl said state officials failed to show they are likely to win in their argument that the Trump administration acted “arbitrarily and capriciously” when it finalized its rule.

What’s next: At least four lawsuits on the policy are still pending as the Title IX rule is set to take effect Friday.


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