News & Analysis as of

Department of Education Office of Civil Rights

U.S. Department of Education Faces Lawsuit Challenging Recent Guidance Concerning Campus Sexual Misconduct

by FordHarrison on

Title IX of the Education Amendments of 1972 (Title IX) and its corresponding regulations prohibit sex discrimination in education programs or activities conducted by educational institutions that receive federal financial...more

Department of Education Sued in Connection with Recently Issued Q&A on Campus Sexual Misconduct

• An equal rights group and three individual plaintiffs have filed a civil suit in U.S. District Court in Boston against the Department of Education (ED) and Secretary of Education Betsy DeVos. The complaint alleges that the...more

As Recent Title IX Legislative Efforts Meet Resistance, Litigation Will Likely Increase

• California Gov. Jerry Brown vetoed the state legislature’s attempt to codify previously issued Title IX guidance. • A similar bill, introduced this month in the U.S. House of Representatives, has not yet received the...more

U.S. Department of Education Revises Guidance Concerning Campus Sexual Misconduct

by FordHarrison on

Title IX of the Education Amendments of 1972 (Title IX) and its corresponding regulations prohibit sex discrimination in education programs or activities conducted by educational institutions that receive federal financial...more

Department of Education Rescinds Obama-Era Title IX Guidance Documents, Introduces New Q&A on Campus Sexual Misconduct

by Hogan Lovells on

On September 22, the U.S. Department of Education Office for Civil Rights issued a Dear Colleague Letter withdrawing the statements of policy and guidance reflected in two key documents about Title IX and sexual violence...more

U.S. Department of Education Office of Civil Rights’ jurisdiction in Title IX cases

The Issue - The Office of Civil Rights’ (OCR) jurisdiction is broad. If an institution receives federal funds, to include student financial aid and grants, it is subject to Title IX and OCR’s authority. The most public, and...more

DOE Rescinds Prior Guidance on Title IX and Sexual Violence, Issues Interim Advice on Campus Sexual Misconduct

by Littler on

On September 22, 2017, the U.S. Department of Education (DOE) rescinded its April 4, 2011 Dear Colleague Letter regarding sexual assault and its April 29, 2014 Questions and Answers on Title IX and Sexual Violence.1 This is...more

The Department of Education Issues New Guidance For Title IX Proceedings

On September 22, 2017, the Department of Education’s Office for Civil Rights (the OCR) issued a new Dear Colleague Letter officially withdrawing the April 4, 2011 Dear Colleague Letter on Sexual Violence and the April 29,...more

U.S. Department of Education Issues New Interim Title IX Guidance

by Clark Hill PLC on

On Friday, September 22, 2017, the U.S. Department of Education ("the Department") issued new interim guidance on sexual misconduct under Title IX. The guidance is in advance of rulemaking by the Department on Title IX...more

New OCR Title IX Dear Colleague Letter Withdraws Obama Era Guidance

by Franczek Radelet P.C. on

Late last week, Secretary of Education Betsy DeVos announced the intention of the Department of Education to overhaul the way it addressed sexual misconduct on college and university campuses, as well as in K-12 schools. As...more

DOE Replaces Obama Title IX Guidance with New, Interim Q&A Document

by Baker Donelson on

As predicted in our previous update, the Office for Civil Rights (OCR) of the U.S. Department of Education (DOE) rolled out its first wave of changes to the Obama Administration's Title IX guidance on Friday, September 22....more

Education Secretary Rescinds Obama-Era Campus Sexual Assault Guidance

by Fisher Phillips on

In a long-anticipated move, the United States Department of Education Office for Civil Rights withdrew the Obama Administration’s 2011 Dear Colleague Letter on Sexual Violence this morning, as well as its Questions and...more

OCR Withdraws Dear Colleague Letter and Q&A on Title IX and Sexual Violence Guidance

On September 22, 2017, the Department of Education’s Office of Civil Rights (“OCR”) withdrew the 2011 Dear Colleague Letter (“DCL”) and the 2014 Questions and Answers on Title IX and Sexual Violence (“Q&A”) guidance...more

Department of Education Rescinds Obama-Era Guidance on Sexual Misconduct

by McGuireWoods LLP on

Following Education Secretary Betsy DeVos’ Sept. 7 speech critical of the Obama administration’s prescriptive and adversarial guidance on Title IX, we predicted in a client alert that the current administration would formally...more

Department of Education Rescinds Obama-Era Title IX Guidance in Advance of New Rulemaking

This morning, the Office for Civil Rights of the Department of Education issued a “Dear Colleague” letter rescinding the Obama administration’s school sexual assault guidance. The Department also issued a new set of...more

Clear and Convincing: DOE v. Jackson, Devos, and the future of campus sexual misconduct investigations

On September 7, 2017, Betsy DeVos, the Secretary of Education, announced that the United States Department of Education intended to revisit the “Dear Colleague” letter that the Department’s Office for Civil Rights, or “OCR,”...more

U.S. Department of Education Signals It Will Revise Title IX Guidance

by Holland & Knight LLP on

• Secretary of Education Betsy DeVos has advised that the U.S. Department of Education intends to revise its guidance on the application of Title IX to reports of sexual misconduct on college and university campuses. • DeVos...more

The Department of Education Seeks Public Input for New Title IX Policy

• The Department of Education (DOE) plans to gather public input—including input from educational institutions—on new Title IX policy, rejecting the prior administration’s issuance of policy by letter. • The DOE has not,...more

U.S. Department of Education to Rescind Subregulatory Guidance on Sexual Violence and Issue New Regulations

In remarks yesterday, United States Secretary of Education Betsy DeVos announced that the Department of Education plans to initiate a public comment period to begin the process of adopting new regulations on campus sexual...more

Education Department Signals Possible Changes To Sexual Misconduct Dear Colleague Letter

by Jackson Lewis P.C. on

The Department of Education Office for Civil Rights has suggested that it is considering significant changes to or rescission of the April 4, 2011, Dear Colleague Letter on schools’ obligations to respond to sexual misconduct...more

Title IX Update - July 2017

by Nexsen Pruet, PLLC on

Office for Civil Rights Indicates Changes to Investigation Protocols - The Department of Education’s Office for Civil Rights (OCR) has reportedly released an internal memorandum indicating a change to its investigation...more

Transgender Equality: Coming to a School Bathroom or Locker Room Near You!

by Clark Hill PLC on

On February 22, 2017, the U.S. Departments of Education and Justice issued a letter withdrawing the statements of policy and guidance reflected in the May 13, 2016 Dear Colleague Letter on OCR's enforcement of Title IX with...more

Office for Civil Rights Issues New Instructions on Transgender Student Complaints

by Holland & Knight LLP on

Changing course on complaints involving transgender students, the U.S. Department of Education's Office for Civil Rights (OCR) recently issued new field instructions to its regional staff excluding discrimination claims based...more

Investigating Transgender Student Discrimination Under New Education Department Directives

by Jackson Lewis P.C. on

Department of Education regional directors have been given new instructions on sex discrimination protections for transgender students under Title IX of the Education Act of 1972. Two updated, internal Office of Civil Rights...more

Office for Civil Rights Changes Complaint Investigation Policy

by Holland & Knight LLP on

Reversing the practice under the Obama Administration, the U.S. Department of Education's Office for Civil Rights (OCR) has just issued new internal guidance changing how regional OCR offices will investigate discrimination...more

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