New Title IX Regulations: A Seismic Shift During a Pandemic (Webinar Recording)
Schools that have been anxiously awaiting the U.S. Department of Education’s final regulations enforcing and interpreting Title IX need wait no longer. The department issued final regulations last week that will govern sex...more
Educational institutions are anxiously awaiting the U.S. Department of Education’s issuance of the amended final Title IX regulations. The deadline for releasing the new regulations has been pushed back several times...more
Pennsylvania’s Educator Discipline Act governs educator misconduct complaints filed with the Department of Education for investigation and, if warranted, discipline. 24 Pa. Stat. Ann. § 2070.9. Once a misconduct complaint is...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
In our second blog entry, “Barriers to Student Reporting,” we reported that a quasi-legal judicial system may produce increased barriers for reporting sexual misconduct cases and, therefore, have diminished effects on...more
As was mentioned previously, the purpose of this series of articles is to provide an overview regarding the scope of Title IX liability for school districts and the potential damages they face, which continues to evolve...more
The Arizona Department of Education (“DOE”) is responsible for licensing and overseeing educators in the state. All Arizona teachers must maintain a teaching certificate to be eligible to teach and remain in good standing...more
On July 19, 2022, the Department of Education’s Office for Civil Rights (OCR) and the Office of Special Education and Rehabilitative Services (OSERS) released several guidance documents concerning the civil rights of students...more
In celebration of the 50th anniversary of Title IX of the Education Amendments of 1972 (Title IX), on June 23, 2022, the U.S. Department of Education (DOE) issued its anticipated proposed rule to amend Title IX’s implementing...more
On June 23, 2022, the U.S. Department of Education (the Department) announced that it intends to amend the current Title IX regulations that were instituted under the Trump administration in May of 2020. The Department’s...more
You may have noticed while skimming through the new Title IX proposed regulations that there are now seemingly two grievance procedures to address Title IX complaints instead of one. You’ll recall that the current 2020...more
The Department of Education marked the fiftieth anniversary of Title IX, the landmark civil rights law prohibiting sex discrimination in federally funded education programs and activities, by releasing its highly anticipated...more
On June 23, 2022, the 50th anniversary of the passage of Title IX, the Department of Education (DOE) released proposed major changes to the current Title IX regulations made effective in August 2020. The proposed revisions...more
As a presidential candidate, now-President Biden promised that he would put a “quick end” to the Trump administration’s 2020 Title IX rules. Aiming to keep that promise, the Department of Education announced its intention to...more
Earlier this summer, the U.S. District Court for the District of Massachusetts entered a decision vacating the provision in the new Title IX regulations that prohibited decision-makers from considering statements not subject...more
Recently, the U.S. Department of Education’s Office for Civil Rights (“OCR”) issued a Request for Information that asks members of the public to submit written comments regarding the administration of school discipline in...more
It’s an all-too-common scenario these days: Students report sexual misconduct perpetrated against other, often unnamed students. They post anonymously on Instagram. They tape letters to walls or post complaints on bulletin...more
Last month, the president signed Executive Order 14021, directing the Department of Education (DOE) to review the Trump administration’s controversial Title IX regulations and provide findings within 100 days. As we noted in...more
The 2020 Title IX Regulations have created a number of interesting brain teasers for legal experts and industry professionals. Ever since the first “leaked” draft of the proposed regulations in summer/fall 2018, the experts...more
College can be a time of freedom and exploration for young people. However, there is also a long-ignored culture of sexual discrimination and harassment that affects many campuses around the country — and, unfortunately,...more
In recent weeks, I have been lucky enough to be involved in the conversation about what changes the Biden administration should make under Title IX. In addition to informal discussions with colleagues, administrators, and...more
Over 100 self-described advocates for civil rights and student survivors of sexual assault and harassment recently signed a letter asking President-elect Joe Biden to “stop enforcement” of the new Title IX rules “as soon as...more
Colleges and universities in the Commonwealth should be aware of legislation that is pending before the Massachusetts Legislature that would require them to implement specific procedures and follow additional reporting...more
As a Presidential candidate, Joe Biden promised that, if elected, he would put a “quick end” to the Trump administration’s 2020 Title IX rule on sexual harassment. Now, Biden is the projected winner of the 2020 Presidential...more
Despite the US Department of Education’s direction that the new Title IX regulations on sexual harassment will not be enforced retroactively, at least one federal court has disagreed. In Doe v. Rensselaer Polytechnic...more