Washington Update: NPRM, FAFSA, Title IX, NC-SARA

05/07/24 • 42 min

In this Washington Update, we welcome back our frequent guest and public policy expert, Tom Netting, president of TEN Government Strategies, who joins us to discuss the latest developments in higher education policy coming out of Washington. McNaughton and Netting dive into the significant revisions to Title IX regulations, detailing the implications for higher education.

Podcast Overview: Revised Title IX Regulations: Unpacking the Changes

Expansion of Definitions: The new regulations have broadened the definition of sexual harassment to encompass "unwelcome sex-based conduct," a shift from the previously narrower "severe, pervasive, and objectively offensive" standard.
Adjustments in Adjudication Standards: Institutions are now mandated to use the "preponderance of the evidence" standard for determining cases of sexual harassment, moving away from the "clear and convincing" evidence standard unless absolutely necessary.
Elimination of Live Hearings: The updated regulations remove the requirement for live hearings, aiming to reduce the potential retraumatization of victims during the adjudication process.

FAFSA Corrections and Their Impact on Enrollment

The discussion extends to the recent corrections made to the Free Application for Federal Student Aid (FAFSA) and their potential impact on student enrollment:

Resolution of FAFSA Issues: After significant updates, the FAFSA system aims to facilitate smoother enrollment processes, which could help stabilize enrollment figures that were feared to decline due to previous errors.
Congressional Oversight: The upcoming hearing with Secretary Cardona will focus on these FAFSA updates, reflecting the critical attention these corrections are receiving at the governmental level.

Developments in Student Loan Debt Relief

The episode also covers the Notice of Proposed Rulemaking (NPRM) on student loan debt relief, emphasizing its importance and controversy:

State Legal Challenges: The NPRM has faced lawsuits from 15 states, highlighting the contentious nature of the proposed student loan debt relief measures.
Public Comment Period: Stakeholders are encouraged to participate in the public comment process, open until May 17th, to help shape the outcome of these significant financial relief efforts.

Enhancements to Program Integrity and Institutional Accountability

Further discussion points include the negotiations affecting financial aid administration and compliance:

Modifications in Resource Management: Proposals suggest that students might need to opt-in to receive resources such as textbooks and other materials, potentially changing how educational expenses are managed.
Ongoing Negotiations: The complexities of these discussions could deeply influence how institutions administer student loans and maintain compliance with federal standards.

State Authorization and Accreditation for Online Education

The conversation also explores adjustments to state authorization and accreditation processes for online education providers:

Regulatory Simplification: Proposed changes aim to simplify compliance across different states, potentially easing the operational burden on institutions offering online programs.

Three Key Takeaways for University Presidents and Boards

Immediate Review and Adjustment to Compliance Measures: With the new Title IX regulations set to take effect soon, institutions must review and possibly revise their current policies and procedures promptly.
Active Participation in Public Comment Opportunities: Leaders should ensure their institutions engage in the NPRM discussion, particularly around student loan debt relief, to influence policies that directly affect their students and operational structures.
Preparation for Upcoming Accreditation and Authorization Changes: Universities offering online courses must prepare for the expected changes in state authorization and accreditation standards, ensuring compliance and minimizing disruption to student offerings.

Read the transcript on our website →

About Our Podcast Guest

Tom Netting

Having spent all of his professional career devoted to higher education policy oversight and implementation, Tom Netting has an extensive knowledge of the laws and regulations governing all aspects of higher education. His considerable background and experience have afforded him the opportunity to view the development and implementation of federal higher education and workforce development policy in their entirety – including issues related to higher education and workforce development, health care, veteran ...

Podcast Overview: Revised Title IX Regulations: Unpacking the Changes

Expansion of Definitions: The new regulations have broadened the definition of sexual harassment to encompass "unwelcome sex-based conduct," a shift from the previously narrower "severe, pervasive, and objectively offensive" standard.
Adjustments in Adjudication Standards: Institutions are now mandated to use the "preponderance of the evidence" standard for determining cases of sexual harassment, moving away from the "clear and convincing" evidence standard unless absolutely necessary.
Elimination of Live Hearings: The updated regulations remove the requirement for live hearings, aiming to reduce the potential retraumatization of victims during the adjudication process.

FAFSA Corrections and Their Impact on Enrollment

The discussion extends to the recent corrections made to the Free Application for Federal Student Aid (FAFSA) and their potential impact on student enrollment:

Resolution of FAFSA Issues: After significant updates, the FAFSA system aims to facilitate smoother enrollment processes, which could help stabilize enrollment figures that were feared to decline due to previous errors.
Congressional Oversight: The upcoming hearing with Secretary Cardona will focus on these FAFSA updates, reflecting the critical attention these corrections are receiving at the governmental level.

Developments in Student Loan Debt Relief

The episode also covers the Notice of Proposed Rulemaking (NPRM) on student loan debt relief, emphasizing its importance and controversy:

State Legal Challenges: The NPRM has faced lawsuits from 15 states, highlighting the contentious nature of the proposed student loan debt relief measures.
Public Comment Period: Stakeholders are encouraged to participate in the public comment process, open until May 17th, to help shape the outcome of these significant financial relief efforts.

Enhancements to Program Integrity and Institutional Accountability

Further discussion points include the negotiations affecting financial aid administration and compliance:

Modifications in Resource Management: Proposals suggest that students might need to opt-in to receive resources such as textbooks and other materials, potentially changing how educational expenses are managed.
Ongoing Negotiations: The complexities of these discussions could deeply influence how institutions administer student loans and maintain compliance with federal standards.

State Authorization and Accreditation for Online Education

The conversation also explores adjustments to state authorization and accreditation processes for online education providers:

Regulatory Simplification: Proposed changes aim to simplify compliance across different states, potentially easing the operational burden on institutions offering online programs.

Three Key Takeaways for University Presidents and Boards

Immediate Review and Adjustment to Compliance Measures: With the new Title IX regulations set to take effect soon, institutions must review and possibly revise their current policies and procedures promptly.
Active Participation in Public Comment Opportunities: Leaders should ensure their institutions engage in the NPRM discussion, particularly around student loan debt relief, to influence policies that directly affect their students and operational structures.
Preparation for Upcoming Accreditation and Authorization Changes: Universities offering online courses must prepare for the expected changes in state authorization and accreditation standards, ensuring compliance and minimizing disruption to student offerings.

Read the transcript on our website →

About Our Podcast Guest

Tom Netting

Previous Episode

Branding the Student Experience: Enrollment Marketing in Higher Ed

With 98% of higher education institutions looking the same and offering similar programs, the challenge for any single institution to stand out is immense.

This episode of Changing Higher Ed, features Allen Adamson, co-founder of MetaForce, discussing the importance of branding and marketing in differentiating higher education institutions in an oversaturated homogeneous market. Adamson shares his insights from his vast experience in branding across various industries, emphasizing the need for higher education institutions to stand out to attract enrollment.

Key Discussion Points

The Branding Challenge in Higher Education:

Higher education faces an oversupply of institutions and an undersupply of students, creating a critical need for effective branding and marketing strategies to attract and retain students.

Why Higher Ed Institutions Should Look Outside the Industry for Branding and Marketing:

Higher education institutions can benefit from adopting innovative marketing strategies proven successful in other sectors, enhancing their distinctiveness and appeal.

Creating Unique Institution Identities:

Crafting unique identities that resonate with potential students is essential. Institutions should leverage their unique heritage, location, or academic strengths to form a compelling brand identity.

Strategies for Differentiation and Growth:

Differentiation in a crowded market requires institutions to offer unique educational experiences and communicate these differences through strategic marketing effectively.

Peripheral Vision in Branding:

Institutions should extend their view beyond direct competitors and the education sector to identify unique positioning strategies and innovations from the broader market.

The Role of Consensus in Decision Making:

The challenges of consensus-driven decision-making within universities often lead to diluted branding strategies. More decisive leadership could enable stronger and clearer branding initiatives.

Importance of Simplifying the Brand Message:

A clear and simple brand message is crucial for effective communication. Institutions should focus on conveying a few key strengths or unique attributes to avoid overwhelming potential students.

Differentiation Through Student Outcomes:

Emphasizing unique student outcomes and success stories can differentiate an institution more effectively than focusing solely on features and facilities.

Signature Experiences and Social Proof:

Developing signature experiences that define an institution’s brand and leveraging positive student testimonials can significantly enhance reputation and attractiveness.

Actionable Insights Over Descriptive Content:

Shifting focus from describing institutional offerings to highlighting actionable outcomes and real-world applications can make branding more effective and relatable.

Three Takeaways for University Presidents and Boards

Simplify and strategize: Prioritize simplicity in ideas for enhanced execution. Being ahead of the curve involves selecting straightforward concepts that can be brilliantly executed.
Expand horizons: Break free from the confines of the usual environment. Look beyond the immediate surroundings and industry standards. Being ahead of the curve means seeking inspiration from diverse sectors and preparing for future market trends.
Pursue excellence: Choose ideas that can be executed exceptionally rather than settling for mediocrity. Being ahead of the curve allows for iterative improvements, ensuring that when the timing is right, the execution is flawless, setting you apart from competitors.

Read the transcript on our website →

About Our Podcast Guest

Allen Adamson is a noted industry expert in all disciplines of branding. He has worked with a broad spectrum of consumer and corporate businesses in industries ranging from packaged goods and technology to health care and financial services, to hospitality and entertainment. Allen's newest book is Seeing the How: Achieving Market Advantage by Transforming the Stuff We Do, Not the Stuff We Buy. His previous books, BrandSimple, BrandDigital, The Edge, and Shift Ahead, are used as textbooks in higher education business programs across the country. A sought-after industry commentator, Allen has appeared on ABC News, NBC's Today Show, CNBC's Squawk Box and Closing Bell, and Fox Business Network. He is often quoted in publications including The New York Times, the Wall Street Journal, Advertising Age, the Washington Post, and Forbes. Allen ...

Next Episode

Civil Discord - Bridging Ideological Divides in Higher Education

In this episode, we welcome Dan Oppenheimer, Director of Public Affairs for the UT Austin College of Liberal Arts, to discuss Civil Discord, a recent conference at UT Austin that brought together scholars and writers from across the political spectrum for a series of moderated arguments on issues of great public significance.

Key Points Overview:

Civil Discord was a unique collaboration between three academic entities in Austin: UT Austin College of Liberal Arts, the School of Civic Leadership, and the University of Austin. The conference aimed to model civil discourse and connect across scholarly, political, partisan, and ideological lines.
The conference featured five panels on topics such as colorblindness in America, the true founding of America (1619 or 1776), anti-racism in universities, the future of liberalism, and whether higher education is broken beyond repair. Each panel had a moderator and speakers representing different perspectives.
Oppenheimer shares advice for universities looking to host similar events, including retaining control over the process while being open and transparent, giving enough time for planning (ideally a year), and being prepared for unexpected political confrontations.
There is a shared interest across political lines in expanding the space for free speech and academic freedom on campus. Events like Civil Discord provide an opportunity for different sides to provide cover for each other and work towards this common goal.
Oppenheimer emphasizes the importance of modeling civil discourse and disagreement in a controlled setting, as it helps university leaders prepare for the high-stakes politics that may come at them unexpectedly.

Transcript: The full transcript of this episode can be found on the Changing Higher Ed website. https://changinghighered.com/civil-discord-bridging-ideological-divides-in-higher-ed/

About our Guest

Daniel Oppenheimer is Director of Public Affairs for the UT Austin College of Liberal Arts. He is also the author of two books: "Exit Right: The People Who Left the Left and Reshaped the American Century" and "Far From Respectable: Dave Hickey and His Art." He has written for the Washington Post, Texas Monthly, Boston Globe, Slate.com, The Point, Washington Monthly, Guernica, The New Republic, Tablet Magazine, and Salon.com. He received an MFA in nonfiction writing from Columbia University.

About the Host

Dr. Drumm McNaughton is a consultant to higher education institutions in governance, accreditation, strategy and change, and mergers.

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