News & Analysis as of

Office of Civil Rights Sexual Violence Policies

TNG Consulting

2024 Title IX Regulations Compliance Series: The Regulations Are Not Retroactive

TNG Consulting on

Oh no, not another blog about the Title IX Regulations! I know, how many summaries of the same thing can you read? But here’s the thing: ATIXA’s compliance series is not another summary. It is designed to highlight topics you...more

TNG Consulting

Title IX—You’ve Never Had a Regs Implementation Like This Before

TNG Consulting on

The White House Office of Information and Regulatory Affairs (OIRA) completed its review of the 2024 Title IX Final Rule (Rule) last week. OCR quickly finalized it and released it to the public on April 19, 2024, with an...more

TNG Consulting

Preparing for the 2024 Regs: Death to the Single Investigator Model…Long Live the Single Investigator Model

TNG Consulting on

The “single investigator model” describes a practice by which a single individual investigates allegations of misconduct and the same person also makes the final determination of whether policy was violated. This model became...more

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

It Looks Like We Won’t Have Final Title IX Regulations by October 2023… Now What?

TNG Consulting on

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

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.

Title IX Updates: Recent Moves by Biden Administration, Congress to Address Sexual Violence on Campus

Franczek P.C. on

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

Franczek P.C.

Update on Biden Administration’s Title IX Proposed Rule

Franczek P.C. on

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

TNG Consulting

Death to the Single Investigator Model…Long Live the Single Investigator Model

TNG Consulting on

The “single investigator model” describes a practice by which a single individual investigates allegations of misconduct and the same person also makes the final determination of whether policy was violated. This model became...more

TNG Consulting

ATIXA Legislative Policy Corner (UPDATED)

TNG Consulting on

The US Department of Education’s Office for Civil Rights (OCR) is asking for public comment a proposed Civil Rights Data Collection (CRDC) Information Collection Request package for the 2021–22 school year. The package...more

Womble Bond Dickinson

Be Nimble: Considerations for Implementing the Cardona Decision at Your Institution

Womble Bond Dickinson on

This is the first article in a series exploring what our Title IX team has learned in the year following the implementation of the 2020 Title IX regulations. Since the effective date of the new Title IX regulations last...more

Fisher Phillips

Title IX – Will Everything Old Be New Again?

Fisher Phillips on

[Warning: This article does not reference viruses, vaccines, or mask-wearing.] The education world is in a state of flux, legally speaking. Any day now, the U.S. Supreme Court will further opine on the extent to which the...more

Fox Rothschild LLP

Biden Administration Zeros In On Title IX With Pair Of EOs

Fox Rothschild LLP on

Less than three months into the new administration, President Biden has made clear that education and equality will be focal points of his presidency. While Title IX regulations were revised just last year, the Biden...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

WilmerHale

Retroactivity and Title IX: Doe v. Rensselaer Polytechnic Institute

WilmerHale on

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

Bond Schoeneck & King PLLC

Court Issues Preliminary Injunction Against Institution That Declined to Apply New Title IX Regulations Retroactively 

On May 6, 2020, the U.S. Department of Education (DOE) issued new Title IX regulations which imposed significant changes in the way in which colleges and universities must investigate and adjudicate sexual assault cases. The...more

Franczek P.C.

OCR Clarifies VAWA “Big Five” Definitions Under Title IX, Warranting Revised Procedures

Franczek P.C. on

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

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.

Garbage In, Garbage Out: ED Department Takes Aim at K-12 Schools “Passing the Trash”

Franczek P.C. on

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

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