Background: The ruling comes as a major victory for Devos, whose title will be a key part of his legacy as Ninth Policy Secretary. He said the rule allows protection to hold schools accountable by ensuring that no student is officially sidelined and no student’s guilt is determined.
The ACLU alleges that Davos’s Ninth Rule, which came into force in August Gust, violated the Administrative Procedure Act because the provisions are “arbitrary and whimsical and an abuse of discretion.” The lawsuit sought to have the rule annulled.
On behalf of the four plaintiffs, the ACLU argued that the rule would reduce the number of complaints of sexual harassment and harassment that schools need to respond to.
The lawsuit seeks to define the sexual harassment law as well as the provisions that allow organizations to use “clear and convincing evidence standards.” The groups that bring lawsuits also consider the issue that the Davos rule only holds organizations accountable for “intentional indifference” and only requires a school or school official to respond to sexual harassment if there is “real knowledge”.
Other legal challenges: The lawsuit was one of four ongoing cases challenging Rule 9. The other three are still pending but have largely failed. Everyone argues that the Department of Education has violated the law with its new rule by acting beyond its authority, and that rule is arbitrary and eccentric.
A circuit court judge in the District of Columbia denied a request by the Attorney General in 17 states and the District of Columbia to close the new rule and block it as legal proceedings continue. Another judge also rejected a motion to block the application of the law in New York, while the trial continues. Judge John G. of the Southern District of New York. Quentel said state officials failed to show the possibility of winning his argument, while the Trump administration took “arbitrary and proud” action in finalizing its rule.
