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Proposed Title IX Rule, 60 Day Comment Period

The Department of Education released its anticipated proposed Title IX rule this past Friday – entering the formal notice and comment period.  Those who wish to comment have 60 days – which will run concurrent with the holiday season.  A time when institutions of higher education typically shut down for several weeks.  One of the most notable […]

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A New Day? Changes to OCR’s Case Processing Manual

On March 5, 2018, the Office for Civil Rights issued a revised Case Processing Manual.  This manual contains the procedures that the Office for Civil Rights should follow to “promptly and investigate and resolve complaints, compliance reviews and directed investigations to ensure compliance with the civil rights laws and regulations enforced by OCR.”  The changes […]

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Was the DeVos Title IX Guidance Necessary?

I have spent the last two weeks mulling over some fundamental questions surrounding the Title IX debate.  Is the system broken?  Did the Obama-era OCR need to release the 2011 DCL and take the subsequent enforcement actions?  If flaws did exist, did DeVos need to rescind the 2011 guidance? And did the new 2017 guidance […]

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DeVos Speech and the Changing Title IX Landscape: “The current system has failed”

Today Secretary of Education Betsy DeVos announced the launch of a notice and comment process to replace the current campus approach in responding to alleged incidents of sexual misconduct under Title IX.  As I always say, the one thing constant is change. DeVos’ speech was riddled with examples of where the current campus system formulated […]

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Trump Withdraws Federal Guidance on Transgender Bathroom Policies

Last night, President Trump’s administration withdrew federal guidance previously issued by the Office for Civil Rights in a Dear Colleague Letter.  The May 2016 guidance under former President Obama allowed students to use school bathrooms that match their gender identity and extended Title IX’s reach to protect students on the basis of sexual identity. Yesterday’s […]

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Top 5 Changes in New Clery Handbook

The Department of Education published an updated edition of The Handbook for Campus Safety and Security Reporting, or the Clery Handbook, on June 23, 2016.  The updated handbook contains provisions with respect to, among other things, the Violence Against Women Reauthorization Act of 2013 that took effect on July 1, 2015.  Institutions are expected to […]

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Lessons From Baylor

Baylor University’s board of regents recently announced its intent to terminate its head football coach, sanction and place its athletics director on probation and re-assign its university President in the wake of the results of an independent investigation into its handling of sexual assault cases.  Thereafter, the athletics director resigned.  This investigation followed allegations that […]

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