Eighteen states and the District of Columbia filed suit against the U.S. Department of Education and Secretary of Education Betsy DeVos over the new, finalized Title IX rule Thursday. Seventeen states and D.C. jointly filed in a D.C. federal court, while New York filed separately in the Southern District of New York.
Both cases allege that the new rule regarding sexual assault and sexual harassment on college campuses is arbitrary and capricious and violates the Administrative Procedures Act.
In a press release, New York Attorney General Letitia James criticized the new rule:
[T]he final rule prescribes — for the first time in Title IX’s history and in stark conflict with the central purpose of the law — an unduly burdensome grievance and adjudicatory process that schools must follow when they receive complaints of sexual harassment. Further, schools must implement these changes over the next two months — many costly — or risk losing billions in critical federal funds that they rely on to provide education to New York students.
James also criticized the Trump Administration for requiring schools to comply with the rule even though it conflicts with many state and local laws. She specifically cited New York’s “Enough is Enough” law, which aims to “provide greater substantive and procedural protections to victims of sexual harassment and assault” by laying out specific standards for colleges.
In early May, the Department of Education finalized the new Title IX rule for higher education. The final rule included narrowing the definition of sexual assault under Title IX and requiring college campuses to hold hearings with cross examination for both the accused and accuser.