New Title IX Religious Exemption Regulations

November 24, 2020


The Department of Education issued a new rule, effective November 23, 2020, that “codifies how an educational institution may demonstrate that it is controlled by a religious organization for purposes of Title IX, 20 U.S.C. § 1681(a)(3).” This new rule will be codified in the Federal Regulations at 34 C.F.R. §

Putting Policy Into Practice Series: Blog Post 6


New Title IX Rules: OCR Does Not Require Retroactive Application, But Courts Might


October 26, 2020


As universities, colleges and schools worked diligently over the summer to put new policies and procedures in place by the August 14 implementation deadline for the new Title IX regulations, OCR released a blog on the

Putting Policy Into Practice Series: Blog Post 5


Perfection is NOT the Standard


October 1, 2020


Here we are, in the uncertainty of the year 2020, in the middle of a pandemic, and a month and a half into the work under new Title IX policies. This is different. This is hard. This is exhausting. But you, as Title IX

Putting Policy Into Practice Series: Blog Post 4

Smooth Transitions


September 23, 2020


It was clear from the May 6th drop of the 2,033 page preamble and Title IX Regulations that the practice of investigating and resolving Title IX cases would become substantially more complicated on August 14, 2020. We knew it. We expected it. Now we are living it. I

Putting Policy Into Practice Series: Blog Post 3


Language Has a Significant Impact When Dismissing a Formal Complaint


September 2, 2020


The Title IX Regulations are prescriptive regarding the situations in which a Formal Complaint MUST or MAY be dismissed. Sections 106.45(3)(i) and (ii) specifically define the provisions of such dismissals in the following manner:


Mandatory dismissal of a

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