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
[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
If you’re like most of us in the Title IX field, the deeply technocratic nuances of federal regulation bore you to tears. I share your ennui. Please consider this your least complicated primer on how and when we may get the...more
We want to share a quick Title IX update from the Department of Education. The Department just announced through a blog post that due to the large number of public comments it received regarding its proposed rules to Title IX...more
As we’re nearing the end of the calendar year, many of you may be wondering where things stand with the Biden Administration’s proposed Title IX regulations. As we previously reported on this blog, the proposed Title IX rule...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
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
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
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
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
When it issued its final Title IX regulations in May 2020, the U.S. Department of Education’s Office for Civil Rights said in the preamble to the rules that it would not enforce the final rules retroactively. It repeated that...more
On October 9, 2020, the Department of Education (Department) issued notice that it rescinded the 2016 Handbook for Campus Safety and Security Reporting (Clery Handbook), the Department’s guidance document interpreting the...more
Today is the day. After almost two years of thinking about whether the proposed Title IX regulations would go into effect at all, starting today we are operating under the new rules at schools, colleges, and universities...more
The US Department of Education (DOE) on May 6, 2020 issued legally binding amended regulations governing how institutions that receive federal funding under Title IX of the Education Amendments of 1972 (Title IX) must respond...more
As you are all well aware by now, the U.S. Department of Education recently issued its final Title IX regulations. While we continue to wade through the over 2,000-page document issued by the ED (consisting of the new...more
As institutions of higher education begin their spring 2020 semester, they should be aware of several Pennsylvania-specific developments regarding sexual misconduct and child abuse. ...more
On November 29, 2018 the U.S. Department of Education (ED) published in the Federal Register a notice of proposed rulemaking (NPRM) to amend ED's regulations implementing Title IX of the Education Amendments of 1972 (Title...more
On November 16, 2018, the U.S. Department of Education proposed a new rule under Title IX, the 1972 federal civil rights law that prohibits discrimination on the basis of sex in education programs and activities that receive...more