Blog

NCAA Policy on Transgender Athletes

In 2021, the inclusion of transgender athletes in athletic programs was heavily debated at the federal and state level. This past June, the Department of Education expanded Title IX guidance to include prohibition on discrimination based on one’s gender identity and sexual orientation. On the state level, 27 states have introduced bills restricting transgender athletes […]

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Common Mistake: Formal Grievance Process Required

The most common mistake we see at ICS when institutions and districts are responding to allegations of Sexual Harassment under the 2020 Title IX Regulations is the failure to follow the Title IX formal grievance process for allegations that rise to the level of Sexual Harassment and fall within the program or activity. The regulations […]

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NCAA’s Sexual Violence Reporting Obligations

After the NCAA decided not to reprimand Baylor University for mishandling multiple sexual assault claims in 2016, the collegiate community urged the NCAA to update its policies on sexual violence prevention. In 2021, the NCAA Board of Governors updated its Campus Sexual Violence Policy to require all member schools to vet all incoming and transfer […]

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Religious Freedom versus Religious Exemption

Since the Department of Education announced the expansion of Title IX to include discrimination based on gender identity, many plaintiffs are challenging Title IX’s “religious exemption.” This exemption shields educational institutions that are “controlled by a religious organization” from Title IX if enforcing it would be inconsistent with the school’s “religious tenets of the organization.” […]

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Fifty Years of Title IX

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any education program or activity receiving Federal financial assistance.” These words that make up Title IX are often seen as the means by which the United States […]

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There’s an Important Court Ruling and New Title IX Guidance re: Prior Statements…Now What?

On August 24, the Office for Civil Rights released guidance addressing the Department of Education’s enforcement of the section of the regulations (34 C.F.R. 106.45(b)(6)(i)) regarding the prohibition against statements not subject to cross-examination.  Specifically, OCR states, “in accordance with the court’s order, the Department will immediately cease enforcement” of that provision of the regulations. […]

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