Educational institutions hoping for a last-minute reprieve from the new Title IX regulations scheduled to go into effect August 14 are out of luck. Earlier this week, the Southern District of New York denied a nationwide preliminary injunction sought by the state of New York to delay implementation of the new regulations (State of New York, et al. v. United States Department of Education, et al.).
And, just days later, the U.S. Department of Education (ED) defeated another preliminary injunction motion filed by 17 states and the District of Columbia in federal court in Washington, D.C. (Commonwealth of Pennsylvania, et al. v. Elisabeth DeVos, et al.). A third preliminary injunction motion is pending in the District of Massachusetts — however, earlier this month, the court there denied a motion to expedite a hearing, stating that “a prompt September hearing is fully appropriate.”
For the full alert, visit the Faegre Drinker website.