Between 2011 and 2020, FIREled the fight against the erosion of free speech and due process rights on campus that resulted from the abuse of Title IX. In May 2020, the Department of Education formalized new and long-awaited Title IX regulations that included a large number of the procedural safeguards FIREsought, and carefully balanced the rights of all students. The 2020 Title IX regulations provide important protections for those reporting being victims of sexual misconduct while still ensuring that those accused are afforded basic due process protections, such as an express presumption of innocence, impartial investigators, and the right to a live hearing with cross-examination.
However, on June 23, 2022, the Department of Education released a Notice of Proposed Rulemaking that would revise the 2020 regulations. If enacted, the proposed regulations will undermine students鈥 free speech and due process rights by, among other things, eliminating students鈥 right to a live hearing, weakening their right to active legal representation, and rejecting the Supreme Court鈥檚 definition of sexual harassment in favor of a less speech-protective definition.