The White House Office of Information and Regulatory Affairs (OIRA) completed its review of the 2024 Title IX Final Rule (Rule) last week. OCR quickly finalized it and released it to the public on April 19, 2024, with an...more
[Revised and updated from my previous blog post in August].
As you know, the Department of Education is empowered to craft regulations to fulfill Congress’ mandate for sex equity under Title IX. The Department (ED),...more
12/12/2023
/ Department of Education ,
Disciplinary Proceedings ,
Educational Institutions ,
Gender-Based Violence ,
OCR ,
OIRA ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Rulemaking Process ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX
If you’re like most of us in the Title IX field, the deeply technocratic nuances of federal regulation bore you to tears. I share your ennui. Please consider this your least complicated primer on how and when we may get the...more
8/30/2023
/ Department of Education ,
Educational Institutions ,
Gender-Based Violence ,
OCR ,
OIRA ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX
Now that we have examined the benefits of barrier analysis, let’s dive deeply into preparing your community to understand that an increase in reporting is not notably correlated with an increase in incidents....more
Since the 2020 Title IX regulations have taken effect, colleges all across the U.S. are scrambling to find advisors to accompany the parties through the formal resolution process. While many colleges and universities elect to...more
1/25/2021
/ Administrative Hearings ,
Colleges ,
Disciplinary Proceedings ,
Educational Institutions ,
Evidence ,
Gender-Based Violence ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX ,
Universities
A recent three-part series “Important Things to Get Right About the Neurobiology of Trauma” released by the organization EVAW-I has interesting implications for training sexual assault investigators. Specifically, the second...more
A little more than ten years ago, I received what seemed like an odd request: would I be willing to serve as an expert witness in federal Title IX litigation? My perception had always been that most Title IX litigation...more
11/23/2020
/ Disciplinary Proceedings ,
Educational Institutions ,
Expert Witness ,
Gender-Based Violence ,
Litigation Strategies ,
Regulatory Requirements ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX
It has been a week! We now know that Joe Biden is the President-Elect of the United States of America. There will still be some legal wrangling, and nothing is set in stone until the electors vote in December. But, assuming...more
11/9/2020
/ Biden Administration ,
Disciplinary Proceedings ,
Educational Institutions ,
Gender-Based Violence ,
OCR ,
Regulatory Reform ,
Regulatory Requirements ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX
It’s unlikely that online threats could be immediate threats to physical health or safety, unless the threatening individual is in close physical proximity to those being threatened, or the threat is pretty detailed and...more
11/9/2020
/ Colleges ,
Disciplinary Proceedings ,
Educational Institutions ,
First Amendment ,
Free Speech ,
Gender-Based Violence ,
Harassment ,
Online Platforms ,
Regulatory Requirements ,
Sexual Harassment ,
Students ,
Title IX ,
Universities