Tag Archives: Rulemaking

Oklahoma Wesleyan University Joins Lawsuit Challenging Title IX Sexual Assault Guidance

Yesterday, Oklahoma Wesleyan University joined pending litigation in the District of Columbia–now titled John Doe and Oklahoma Wesleyan University v. Catherine H. Lhamon, et al., 1:16-cv-01158-RC–challenging the U.S. Department of Education’s controversial Title IX Sexual Misconduct Guidance issued on April 4, 2011 in a Dear Colleague Letter.  Plaintiffs contend the Department’s Office for Civil Rights violated … Continue Reading

H.R. 4768, Separation of Powers Restoration Act of 2016, Passes House

On July 12, 2016, the House of Representatives passed H.R. 4768, the “Separation of Powers Restoration Act of 2016” by a vote of 240-171.  Short in length, the legislation amends the Administrative Procedure Act to overturn the Chevron and Auer doctrines of judicial deference to agency interpretations of statutory and regulatory provisions.  Reviewing courts would … Continue Reading

Family Educational Rights and Privacy Act (FERPA) Dear Colleague Letter: Notice and Comment Rulemaking Required

A little over a month ago the U. S. Department of Education released a draft FERPA Dear Colleague Letter (guidance) seeking public comments (due October 2, 2015) on its preliminary legal view that there are very limited circumstances whereby a university may share student medical records with its own legal counsel. Under the Department’s proposed … Continue Reading

Federal Government’s Use of Regulatory Guidance Under Investigation

Earlier this month Chairman Lamar Alexander (R-TN) of the Senate Health, Education, Labor and Pensions Committee and Chairman James Lankford (R-OK) of the Homeland Security Committee’s Subcommittee on Regulatory Affairs and Federal Management announced their intent to investigate whether federal agencies are “skirting notice and comment laws” in their issuance of guidance documents.  Guidance documents … Continue Reading