[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
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
In this post, we continue our recap of recent Title IX-related news that you might have missed and noteworthy items to keep an eye on in 2023. Below, we cover recent federal government actions and proposals to bolster...more
It has been a week! We now know that Joe Biden is the President-Elect of the United States of America. There will still be some legal wrangling, and nothing is set in stone until the electors vote in December. But, assuming...more
On October 16, 2020, the Northern District of New York, in Doe v. Rensselaer Polytechnic Institute, enjoined Rensselaer Polytechnic Institute (RPI) from applying its 2018 Sexual Misconduct Policy to a complaint concerning an...more
On October 7, 2020, the U.S. Department of Education’s Office for Civil Rights issued a blog post clarifying the definitions of “sexual assault,” “dating violence,” “domestic violence,” and “stalking” under Title IX. Your...more
On May 6, 2020, the United States Department of Education issued its long-awaited Final Regulations (the “Regulations”) that focus on Title IX protections for victims of sexual misconduct. The new regulations impose a number...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
The U.S. Department of Education has issued its long-awaited final Title IX regulations (“Final Rule”), providing guidance to schools, colleges and universities. ...more
One of the biggest changes from the new Title IX regulations issued by the Department of Education last week is that, beginning in August 2020, OCR’s complaint findings will be based on standards very similar to those used by...more
After a lengthy notice and comment process and much anticipation, new Title IX regulations were issued by the U.S. Department of Education on May 6, 2020. The regulations comprise approximately 25 pages, and the preamble to...more
After almost one-and-a-half years since issuing its original proposed rule, the U.S. Department of Education has issued final Title IX regulations effective August 14, 2020. Although analyzing the changes will take some time,...more
The confusing messages coming from the U.S. Department of Education continue. We still await more information on if/when a final version of the pending Title IX regulations will be released....more
As an Office for Civil Rights (OCR) investigator, I was surprised by the number of times I saw the same issues again and again in Title IX sexual misconduct investigations. Nowhere was this more evident than with...more
We all know how important it is for responsible employees in educational institutions to report up the chain when they learn of sexual misconduct against a student. But the stakes for noncompliance just grew in Texas, where...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
Last week, the U.S. Department of Education released a proposed rule to amend the regulations implementing Title IX of the Education Amendments of 1972 (Title IX)....more
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
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
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
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 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