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OCR Blog Offers Additional Insight on New Title IX Rule Requirements

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 regulations and the preamble commentary), OCR provided some additional guidance on its blog regarding the requirement to post Title IX information on school websites under the new regulations. Specifically, the new regulations require schools to post the following on their websites…

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

The U.S. Department of Education has issued its long-awaited final Title IX regulations (“Final Rule”), providing guidance to schools, colleges and universities. In particular, the Final Rule clarifies Title IX protections for both students and employees by, among other things, increasing posting requirements, making Title IX Coordinators more accessible, defining sexual harassment, implementing a “deliberately indifferent” standard for purposes of enforcement, requiring that postsecondary institutions have “actual knowledge” of sexual harassment, and modifying due process requirements. These protections conceivably bolster the rights of those accused of sexual harassment, as opposed to victims.

9 for IX: Nine Essential Questions Answered About the New Title IX

As we discussed in our blog post on May 6, 2020, the U.S. Department of Education issued on that day its long-awaited Title IX regulations, raising panic and concern amongst stakeholders on every part of the Title IX spectrum. Our Title IX Insights blog team provided some initial thoughts on the new regulations during a webinar on May 11; you can watch the recording here.

Department of Education Releases Long-Awaited Final Rule Amending Title IX Regulations

The U.S. Department of Education (DOE) has released its long-awaited, final amendments to Title IX regulations on how colleges and universities must handle allegations of sexual misconduct. The new regulatory requirements go into effect on August 14, 2020.

Final Title IX Regulations Adopt Sweeping Changes for Handling Sexual Harassment Claims at Institutions of Higher Education

On May 6, 2020, the Department of Education (DOE) issued its Final Rule adopting amended regulations implementing Title IX of the Education Amendments of 1972 (Title IX).1 The Final Rule enacts sweeping changes to Title IX regulations, much of which was previewed in the notice of proposed rulemaking (NPRM) the DOE issued in November 2018. The adoption of the Final Rule marks the completion of the current administration’s decision, announced in September 2017, to rely on formal rule-making rather than the Title IX guidance the DOE issued during prior administrations, including the withdrawn 2011 Dear Colleague Letter and the withdrawn 2014 Q&A.2 The changes reflected in the Final Rule will require recipients of federal funds covered by Title IX, including institutions of higher education (IHEs), to reexamine their Title IX programs to ensure compliance with the new regulations.

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

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, what follows is a brief initial summary of some of the main changes in the final rule. Please join us for a complimentary webinar breaking down the new rule on Monday, May 11, 2020, at 11:30 a.m. We will be working on providing you more insights, as well, in the coming days.

Lemons into Lemonade: 4 Coronavirus Shutdown Tasks to Prepare for Title IX Rules

Originally posted on our Title IX Insights Blog Despite efforts by schools and advocacy organizations, state attorneys general, and members of Congress and the Senate, the Department of Education’s proposed Title IX rules reportedly have cleared Office of Management and Budget (OMB) review and sources say that the final rules are coming—soon. […]

Attorneys General, Lawmakers, Higher Education Groups Urge Delaying Proposed Title IX Regulations

State attorneys general, lawmakers, and higher education industry groups have been urging the Department of Education to delay issuing the final regulations on how colleges and universities must handle allegations of sexual misconduct under Title IX of the Education Amendments Act of 1972 (Title IX) in light of the coronavirus (COVID-19) pandemic.

Ninth Circuit Reaffirms Only Job-Related Factors Will Excuse Pay Disparity Under Federal EPA, Prior Salary Not Job-Related

On February 27, 2020, the Ninth Circuit issued a long-anticipated decision in Rizo v. Yovino.1 Consistent with the Ninth Circuit’s original opinion issued in 2018, which was vacated on procedural grounds by the United States Supreme Court in 2019, the appellate court affirmed its prior holding and concluded that: (1) only job-related factors may excuse wage disparities between comparable employees within the context of a federal Equal Pay Act (EPA) claim, and (2) prior salary, alone or in consideration with other factors, is not job-related, and therefore cannot serve as an affirmative defense to an EPA claim.

Prior Pay No Defense to Pay Difference Under Equal Pay Act, Ninth Circuit Reaffirms

Prior pay, alone or in combination with other factors, is not a job-related “factor other than sex” that can be used to justify a difference in pay under the Equal Pay Act (EPA), a majority of judges on the U.S. Court of Appeals for the Ninth Circuit has held again. Rizo v. Yovino, No. 16-15372 (Feb. 27, 2020).
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