As institutions of higher education are acutely aware, the U.S. Department of Education’s new Title IX Rule takes effect this Friday, August 14, 2020. Pursuant to the new rule, colleges and universities are required to prepare and implement a wide range of new policy and procedural requirements. These requirements focus on the resolution of allegations of sexual misconduct on campus, and touch on nearly every aspect of the process, from the initial response to the management of appeals. The new rule also includes a number of requirements that have proven particularly controversial, including the obligation to hold live hearings, to facilitate cross-examination and to provide an advisor where a party otherwise would not have one.
To assist institutions in their efforts to comply with the new rule’s requirements, Thompson Coburn’s Higher Education Practice has created a free compliance checklist, which is available for download here. This self-audit tool is designed to assist institutions as they review their policies for compliance with the new rule’s most significant requirements, and includes select quotations from the commentary that accompanied the new rule.
The Title IX Compliance Checklist can be used in conjunction with Thompson Coburn’s free, six-part Title IX Training Series, which assists institutions to comply with the significant training requirements in the new rule. Released last month, this online lecture series provides foundational training for those individuals who will be administering the new Title IX process this fall, including Title IX coordinators, investigators, advisors, hearing officers and appeal officers. Thompson Coburn welcomes institutions to use the Title IX Training Series at their discretion, and to include the lectures on their external websites (as required by the new rule).
A brief description of each module in the training series is set out below. Institutions also can click here to access the slide deck for each module in the series, and to download a comparison document showing the changes the new rule made to the Department’s Title IX regulations.