The Title IX Development You Weren't Expecting This October

Title IX practitioners and activists continue to wait patiently (or not so patiently) for the release of the Biden-Harris Administration's Title IX Final Rule. In May 2023, the United States Department of Education (the "Department") announced that it received 240,000 public comments on the Proposed Rule, released in June 2022, and was delaying its anticipated release of the Title IX Final Rule until October 2023.¹ However, October came and went without release of the Title IX Final Rule or any update from the Department about when higher education institutions can expect its release.

While eyes were glued on news alerts related to the Title IX Final Rule this October, there was another major legal development that will have a significant impact on Title IX practice, particularly at institutions of higher education within the jurisdiction of the United States Court of Appeals, Second Circuit ("Second Circuit"), which includes New York.