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Putting Policy Into Practice Series: Blog Post 3

Language Has a Significant Impact When Dismissing a Formal Complaint 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 Formal Complaint or allegations within the Formal […]

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Putting Policy Into Practice Series: Blog Post 2

You Cannot Write or Train Your Way into Compliance A common question we have received is whether attending our training will put a school or institution “in compliance with Title IX” and the new regulations.  My response is consistently as follows: 1.  Yes, our trainings comply with the new regulations and fulfill the training requirements […]

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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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