On April 6, 2021, the U.S. Department of Education’s Office for Civil Rights (OCR) announced plans to begin a comprehensive review of its regulations implementing Title IX of the Education Amendments of 1972, in response to President Joe Biden’s executive order of March 8, 2021, “Executive Order on Guaranteeing an
Article Discussing Title IX And The Workplace.
Department of Education: Moving to Amend 2020 Title IX Regulations on Sexual Harassment
The U.S. Department of Education’s Office for Civil Rights (OCR) has announced it will conduct a comprehensive review of its regulations implementing Title IX of the Education Amendments of 1972, starting with a public hearing on the issues of sexual harassment in school environments, including sexual violence, and discrimination based on sexual orientation and gender identity. It also anticipates publishing a notice of proposed rulemaking to amend the Title IX regulations.
Title IX Homework for Spring Break: Preparing for a Potential Uptick in Title IX Reports
My grandmother lived by the rule that summer flowers should not be planted before spring break, no matter how much warm weather March might bring. The week after spring break would find her working furiously in her garden, sometimes catching up with her neighbors who had planted early, but more
Title IX Regulations: Biden Administration Signals Changes Ahead
On March 8, 2021, President Joe Biden signed the “Executive Order on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity,” making clear his administration’s intention to implement changes to the regulations issued on May 6, 2020 (effective August 14, 2020),
Biden Administration to Review Title IX Policies and Regulations and Establish Gender Policy Council
The Department of Education has been directed to review all policies on sex and gender discrimination (including sexual violence) in schools under an executive order issued by the Biden administration on March 8, 2021.
Court Denies Preliminary Injunction of Title IX Effective Date
On June 4, 2020, the Commonwealth of Pennsylvania, along with 17 other states, filed suit against the United States and Betsy DeVos, in her official capacity as Secretary of Education, to prevent implementation of the Title IX Rule (“Final Rule”) the Department of Education issued on May 6, 2020.1 Among
Florida Senator Rubio Introduces Federal Name, Image, and Likeness Legislation
Although Florida Governor Ron DeSantis has just signed into law Florida’s state name, image and likeness legislation, Florida U.S. Senator Marco Rubio has introduced proposed federal legislation to address concerns regarding the ever increasing number of states introducing legislation addressing the name, image and likeness rights for student-athletes within their
What Colleges and Universities Need to Know About the Department of Education’s Final Title IX Rules
On May 6, 2020, the U.S. Department of Education released final regulations governing how institutions that receive federal financial assistance covered by Title IX of the Education Amendments of 1972 (Title IX) must respond to allegations of sexual harassment. Notably, in the decades during which the department has been responsible
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
University’s Handling of Students’ Pre-Assault Complaints of Sexual Misconduct Open to Title IX Claim
Three female former students who allegedly were sexually assaulted while undergraduates may sue their school for a policy of indifference to reports of sexual misconduct under Title IX of the Education Amendments of 1972, the federal appeals court in San Francisco has ruled. Karasek v. Regents of the Univ. of California, No. 18-15841 (9th Cir. Jan. 30, 2020).
Jail Time for Responsible Employees Under Title IX? In Texas, Maybe
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 lawmakers recently passed legislation allowing jail time in addition to institutional penalties for responsible employees who fail to report as required by law. It seems like a good reason for a refresher on the rules for responsible employees and some tips for how to foster compliance at your institution, don’t you think?
House Seeks to Block Proposed Amendments to Title IX Regulations
Four congresspersons have introduced legislation in the House of Representatives aiming to block the Department of Education’s proposed amendments to the Title IX regulations on how colleges and universities must handle allegations of sexual misconduct from taking effect.
Title IX Alert Fall 2019
To assist collegiate sports administrators in assessing emerging Title IX issues, we are pleased to provide the fall 2019 issue of the Title IX Alert. This publication highlights topical issues such as proposed regulations, coaching obligations, and prominent court cases, among others.
Circuit Split on Student’s Due Process Right to Cross-Examination in Title IX Matters
Constitutional due process does not mean a student accused of assault has the right to directly cross-examine his accuser in adjudications under Title IX of the Education Amendments of 1972 at state institutions of higher education, the federal appeals court in Boston has held. Haidak v. University of Massachusetts-Amherst, No. 18-1248 (1st Cir. Aug. 6, 2019).
State Legislators React to Proposed Federal Title IX Regulations with State Law Proposals
While college, universities and educational professionals await the Department of Education’s (DOE) proposed new Title IX regulations, which will dictate a revised process by which allegations of sexual misconduct must be handled, the state legislatures in Missouri and Arizona are currently considering legislation that would adopt many of Secretary DeVos’s anticipated regulatory modifications.
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