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. §
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
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
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
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:
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