News & Analysis as of

Educational Institutions Sexual Assault Office of Civil Rights

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On September 22, 2017, the U.S. Department of Education (DOE) rescinded its April 4, 2011 Dear Colleague Letter regarding sexual assault and its April 29, 2014 Questions and Answers on Title IX and Sexual Violence.1 This is...more

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

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

Secretary DeVos’s September 7, 2017 Remarks on Title IX Enforcement Extol Equity and Transparency, Raise New Questions

by Franczek Radelet P.C. on

Secretary of Education Betsy DeVos’s hotly anticipated remarks on the future of Title IX enforcement, given yesterday at George Mason University, announced the intention of the Department of Education to overhaul the way it...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

Canary in a Coal Mine: Analyzing Title IX, OCR, and On-Campus Sexual Misconduct Adjudications in Plummer v. University of Houston

It is unusual for a dissenting opinion to be more noteworthy than the majority’s holding, yet that is the case in Plummer v. University of Houston, a decision recently handed down by the United States Court of Appeals for the...more

Office for Civil Rights Reduces Scope of Investigations to More 'Swiftly' and 'Efficiently' Resolve Complaints

by Pepper Hamilton LLP on

The Chronicle of Higher Education recently reported that, on June 8, 2017, the Department of Education’s Office for Civil Rights (OCR) distributed an internal memo containing new guidance that will provide regional offices...more

OCR Signals Continued Title IX Enforcement

by Ballard Spahr LLP on

The U.S. Department of Education Office for Civil Rights (OCR) has announced the resolution of two Title IX sexual violence complaints filed against a private university in Ohio. In the resolution letter and agreement, which...more

Is Title IX Guidance and Enforcement About to Change?

by Pepper Hamilton LLP on

On February 22, the U.S. Department of Education issued its first Dear Colleague Letter guidance of the new administration, rescinding the transgender rights guidance that the Obama administration issued last summer. The...more

OCR Decides Lack of Procedural Protections for Accused Students Violates Title IX

by Ballard Spahr LLP on

After years of decisions in which the U.S. Department of Education’s Office for Civil Rights (OCR) criticized colleges' and universities' handling of claims filed by individuals alleging sexual assault on campus, OCR now...more

Harvard and OCR Enter into a Resolution Agreement – More Guidance for the Rest of Us

In the closing weeks of 2014, OCR announced its findings with respect to Harvard Law School’s Title IX compliance, as well as a resolution agreement which subjects the Law School, and the University, to monitoring for at...more

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