Earlier this summer, the U.S. District Court for the District of Massachusetts entered a decision vacating the provision in the new Title IX regulations that prohibited decision-makers from considering statements not subject to cross-examination. The U.S. Department of Education subsequently issued a Dear Colleague Letter on August 25, 2021, indicating that it was immediately ceasing enforcement of that provision. 

On September 27, 2021, the State of Texas successfully intervened in the lawsuit and filed an appeal to the U.S. Court of Appeals for the First Circuit. Other potential intervenors are waiting for court approval so that they may also appeal. This means that the First Circuit will be issuing a decision at this case, but the timing for that is not yet known.

As of this writing, the Dear Colleague Letter still stands. However, Title IX coordinators would be well-served to monitor this case for further developments, as they may require changes to Title IX policy language. 

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