The authors proposed “a bi-partisan commission that will design a fair, stable, and manageable process and provide colleges and universities some flexibility to develop approaches best suited to their own communities.” They believe the work of such a commission would nullify the “constantly expanding and contracting scope of the federal mandate [that] creates confusion, uncertainty, and expense.
“Each time the rules change, college and university lawyers, Title IX coordinators, and other campus officials must sort through complicated and often obscure guidance to understand what is required of them. The Trump rules came with 2,000 pages of guidance; the Biden administration’s rules clocked in at a comparatively svelte 650 pages.”
In closing the authors proposed, “Even if a legislative solution is out of reach in today’s hyper-partisan political environment, the work of a bipartisan commission might at least help identify rules that can last beyond a single administration.”