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Putting Policy Into Practice Series: Blog Post 1

Report of Sexual Harassment vs. Formal Complaint – Clarity and Transparency Matter As Institutions and School Districts settle into life under the New 2020 Title IX Regulations with fresh policies and procedures, the work is just beginning. It is time to put those policies into practice. While administrators work to get their teams trained, campuses […]

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The New Title IX Regs: Do I Still Need to Train My Student Conduct Investigators/Decision Makers?

Title IX professionals are feverishly working towards an overhaul of their sexual misconduct policies and procedures to meet the August 14th deadline set out by the Department of Education.  Part of this analysis includes identifying the Title IX team (Investigators, Decision Makers, Informal Resolution Facilitators), who institutions are mandated to train under the new regulations.  In […]

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Sexual Assault and the NCAA

On April 29, seven women who were victims of sexual assault by college athletes filed suit against the NCAA, criticizing the NCAA that they “routinely issue harsh punishments against student-athletes who accept payments in exchange for use of their likenesses, or who accept free meals, but they have no specific penalty for student-athletes who commit […]

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ACLU’s Challenge to the New Title IX Rule

On May 14, 2020, the ACLU filed suit on behalf of four organizations, challenging the new Title IX Rule issued by the Department of Education on May 6. The lawsuit takes issue with the new Rule’s disparity between its treatment of sex discrimination on the one hand, and race, national origin, and disability discrimination on […]

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First Thoughts on the New Title IX Regulations

Yesterday, the Department of Education released their finalized version of the new Title IX Regulations. Some current thoughts: This is not a sprint. This is an ultramarathon. We have seen this phenomenon in the Title IX world previously. Schools rushed to implement policies that were one size fits none.  The processes checked all the boxes […]

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Notes on OCR’s Annual Report

In March of 2020, the Assistant Secretary for Civil Rights issued the Department of Education’s Office for Civil Rights Annual Report to the Secretary, the President and the Congress This report summarizes OCR actions for the Fiscal Years 2017-2018 and the numerous changes in policy and practice by OCR brought about by the Trump administration. […]

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Title IX in a COVID-19 World

As colleges and universities are quickly deciding to move to online platforms for courses due to the outbreak of COVID-19, it is imperative to have a fresh look at the jurisdiction language of your code of conduct and Title IX/Sexual Misconduct Policy. The students and employees who are leaving campus and studying or teaching remotely […]

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6th Circuit: Use Same Test for Retaliation Under Title IX as is Used for Title VII

In Jackson v. Birmingham Bd. Of Educ., the Supreme Court recognized retaliation as an actionable claim under Title IX, holding that “when a funding recipient retaliates against a person because he complains of sex discrimination, this constitutes intentional ‘discrimination’ ‘on the basis of sex,’ in violation of Title IX.” 544 U.S. 167, 174 (2005). However, […]

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