Title IX: Athletes can play amid sexual misconduct inquiries - ESPN

New federal regulations released Friday will prevent colleges and coaches from suspending athletes accused of sexual misconduct while school officials investigate complaints against them.

The due process provision is one of several outlined in the U.S. Department of Education's final version of regulations governing how K-12 schools, colleges and universities respond to complaints of sexual harassment and violence under Title IX. The regulations, a draft version of which the Biden administration proposed in June 2022, are scheduled to go into effect Aug. 1.

Friday's release did not include provisions regarding the eligibility of transgender athletes, which had been included in an earlier Department of Education proposal. Officials separated that issue from the broader Title IX rules and those regulations are not expected until after November's presidential election. When asked during a call with reporters Thursday whether the delay was politically motivated, a senior administration official said those rules have a separate process, which is several months behind.

The due process provision was originally adopted in 2020 under the Trump administration by former Education Secretary Betsy DeVos. While it has been championed by male athletes facing accusations and organizations advocating for stronger due process protections, it has been decried and criticized by survivors and their supporters for intimidating those who report violations and putting other students at risk.

When asked about the due process provision, the senior administration official said Thursday that to remove a student from an athletic team, or any activity, before a finding of responsibility is an unfair burden on that student.

The provision has been an