News & Analysis as of

Universities Office of Civil Rights Sexual Violence Policies

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

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

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.

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.

Jail Time for Responsible Employees Under Title IX? In Texas, Maybe

Franczek P.C. on

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

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

Akin Gump Strauss Hauer & Feld LLP

As Recent Title IX Legislative Efforts Meet Resistance, Litigation Will Likely Increase

• California Gov. Jerry Brown vetoed the state legislature’s attempt to codify previously issued Title IX guidance. • A similar bill, introduced this month in the U.S. House of Representatives, has not yet received the...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

Littler

DOE Rescinds Prior Guidance on Title IX and Sexual Violence, Issues Interim Advice on Campus Sexual Misconduct

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

Akin Gump Strauss Hauer & Feld LLP

The Department of Education Issues New Guidance For Title IX Proceedings

On September 22, 2017, the Department of Education’s Office for Civil Rights (the OCR) issued a new Dear Colleague Letter officially withdrawing the April 4, 2011 Dear Colleague Letter on Sexual Violence and the April 29,...more

Franczek P.C.

New OCR Title IX Dear Colleague Letter Withdraws Obama Era Guidance

Franczek 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

Fisher Phillips

Education Secretary Rescinds Obama-Era Campus Sexual Assault Guidance

Fisher Phillips on

In a long-anticipated move, the United States Department of Education Office for Civil Rights withdrew the Obama Administration’s 2011 Dear Colleague Letter on Sexual Violence this morning, as well as its Questions and...more

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