Episode 28: Legal Challenges to the New Title IX Regulations with Jake Sapp Part 1

Jun 25, 2020

Joining Courtney to discuss legal challenges to the new Title IX regulations that were issued on May 6th is Jake Sapp! Jake is the Deputy Title IX Coordinator and Compliance Officer for Austin College and holds a JD from Stetson. He is very well versed in the current Title IX landscape as well as the important precedents relevant to the space. Jake has a large amount of experience speaking on the topics of Title IX and its related legal trends, so who better to join Courtney in this in-depth discussion. Since their issuing, there have been procedural and substantive challenges to these new regulations. These legal challenges are complex with many layers with much to unpack so the conversation is broken down into two parts. For this installment, we look into the litigation and the grounds on which it plants its argument. Jake explains the areas that these lawsuits are challenging, including the injunctive relief sought and whether it will impact the August 14th implementation deadline.  We then look into possible outcomes and what can be realistically expected by institutions and Title IX professionals.  Don't forget to stay tuned for part two!

 

Key Points From This Episode:

• Whether the litigation that challenges the new regulations will impact the August 14th deadline.
• How these injunctions might play out across different states and nationally.
• A better understanding of injunctions and what is being asked in these cases specifically.
• How things officially stand with regards to the implementation date.
• The arguments around the administrative procedure act and what is being challenged.
• Some of the keys areas of substantive and procedural challenges to the new regulations found in the current lawsuits, generally.
• How the Title IX regulations impact state laws and the issue of preemption.
• What these lawsuits are hoping to achieve; halting immediate enforcement and invalidation of certain parts of the rules.
• Responsibilities of the agency in the issuing of new rules; what is necessary and what is not.
• The basis for an arbitrary and capricious argument against a federal agency.
• Possible outcomes of the court cases and what will happen to the regulations.

 

Tweetables:

“When you issue these injunctions, you can have inconsistent rulings across different states.” — Jake Sapp [0:17:55]

“Agencies have to show their work, they have to give the information they use to reach a design and have to show why.” — Jake Sapp [0:36:22]

“You have to look at, is the agency decision a product of illogical or inconsistent reasoning? Did it fail to consider important factors relevant to the actions?” — Jake Sapp [0:36:41]

 

Links Mentioned in Today’s Episode:

ICS Lawyer

SUNY

Jake Sapp

Stetson University College of Law

Austin College

Courtney Bullard on Twitter

Courtney Bullard Email