News & Analysis as of

Office of Civil Rights Disciplinary Proceedings

TNG Consulting

OCR Revised the Title IX Regulations Final Rule Publication Date to March 2024… Is That Date Realistic?

TNG Consulting on

[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

TNG Consulting

Tip of the Week: Managing Title IX-Related Student Organization Risk

TNG Consulting on

Picture this: you receive a complaint from a student who is a member of your school district or institution’s student newspaper alleging Title IX sexual harassment that involves a fellow member of the student newspaper staff....more

Franczek P.C.

OCR and OSERS Issue Guidance on IDEA and Section 504 Requirements for Addressing Disability-Based Student Behavior

Franczek P.C. on

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

Franczek P.C.

OCR Issues Request for Information Regarding Nondiscriminatory Administration of School Discipline

Franczek P.C. on

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

TNG Consulting

Biden is President-Elect. Can We Just Ignore the Title IX Regulations Now?

TNG Consulting on

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

Franczek P.C.

Are the New Title IX Regulations Retroactive? One Court Says Yes

Franczek P.C. on

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

Tucker Arensberg, P.C.

What every school district must do to comply WITH THE NEW Title IX Regulations Addressing Sexual Harassment

Tucker Arensberg, P.C. on

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

Franczek P.C.

OCR Blog Offers Additional Insight on New Title IX Rule Requirements

Franczek P.C. on

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

FordHarrison

U.S. Department of Education Issues Long-Awaited Final Title IX Regulations On Sexual Harassment

FordHarrison on

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

Franczek P.C.

Why Your Next OCR Title IX Complaint May Feel Like A Lawsuit

Franczek P.C. on

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

Holland & Knight LLP

An Early Read on the New Title IX Regulations

Holland & Knight LLP on

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

Franczek P.C.

They’re Finally Here: U.S. Department of Education Issues Title IX Regulations

Franczek P.C. on

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

Franczek P.C.

Do Virtual Sticks and Stones Also Break Bones? Addressing Cyberbullying Under Title IX

Franczek P.C. on

Cyberbullying is nothing new. A majority of teens have experienced the phenomenon and college campuses certainly are not immune. Just because something is common does not make it simple to deal with, however. And this is...more

Franczek P.C.

Learn From These Three Confidentiality Mistakes Before Your Next Title IX Investigation

Franczek P.C. on

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

Franczek P.C.

Three Things to Know About ED’s New Focus on Restraint and Seclusion

Franczek P.C. on

Most changes we’ve seen from the U.S. Department of Education (Department) these past two-and-a-half years have dealt with sex, gender, race, color, and national origin—not disability—and most have reduced federal oversight,...more

Husch Blackwell LLP

Fourth Circuit Imposes Potential Title IX Liability For Allegedly Deficient Institutional Response To Harassment On...

Husch Blackwell LLP on

The Fourth Circuit broke new ground in the Title IX landscape last week, reversing a district court’s dismissal of a lawsuit in which students alleged their university violated Title IX by failing to adequately respond to...more

Franczek P.C.

School Safety Commission Report and DOE Withdrawal of Discipline Guidance: What Does It Mean for Schools?

Franczek P.C. on

The 180-page report of the Federal Commission on School Safety is out, and garnering significant media attention. ...more

Stinson LLP

Department of Education Proposes New Title IX Regulations Governing Sexual Harassment and Assault

Stinson LLP on

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

Ballard Spahr LLP

Department of Education Proposes Significant Changes to Title IX Regulations

Ballard Spahr LLP on

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

FordHarrison

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

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

Hogan Lovells

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

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

Ballard Spahr LLP

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

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

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