U.S. Department of Education’s Office for Civil Rights Releases New Guidance on the 2020 Amendments to Title IX

Clark Hill PLC

On July 20, the U.S. Department of Education’s Office for Civil Rights (“OCR”) released new guidance on the 2020 amendments to Title IX. The guidance is a Q&A document that clarifies how OCR interprets schools’ existing obligations under the 2020 amendments to the Title IX regulations, including the areas in which schools have discretion in their procedures for responding to reports of sexual harassment.

The guidance contains 67 Q&As in 17 different sections coving topics from the definition of sexual harassment, a schools’ response to sexual harassment, supportive measures, hearings and cross examination, due process, and retaliation. The Appendix to the Q&A is a response to schools’ requests for examples of Title IX policies and procedures that may be adaptable to schools’ own circumstances and helpful in implementing the 2020 amendments to the Title IX regulations. The Appendix includes examples of policies and procedures for elementary and secondary schools and postsecondary schools.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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