The U.S. Supreme Court heard oral arguments on October 8 in three closely watched cases addressing whether Title VII, which prohibits employment discrimination “because of … sex,” covers discrimination based on LGBT status. Commentators have recognized that these decisions may have important implications for Title IX, which prohibits discrimination “on the basis of sex” in education programs and activities receiving federal funds. As with Title VII, it is currently unsettled whether Title IX protects LGBT individuals. And courts interpreting Title IX often rely on decisions interpreting Title VII in reaching their decisions. In the oral argument in one of the cases, Harris Funeral Homes v. Equal Employment Opportunity Commission, questions by the Supreme Court Justices gave us even more reason to believe the case will impact the interpretation of Title IX as applied to transgender students. Continue Reading Can a Transgender Female Student compete on a Girls’ Sports Team? Supreme Court Justices Address the Question in LGBT Employment Case
With the start of the school year well underway and the many things to remember and think about that come with it, it can be easy to forget some of the most essential elements of Title IX compliance. For example, when is the last time you checked to ensure that employees who are involved in Title IX investigations are clearly identified and appropriately trained on the requirements of Title IX? We all assume these ducks are in a row, but we’ve seen OCR find issues with these responsibilities time and again in Title IX complaints. The real rub: even if you handled the specific complaint that led to an OCR investigation perfectly, if your notice and training requirements are lacking you might still find yourself staring down months or even years of OCR monitoring for a procedural violation. What can you do now to protect against that dreaded outcome? Continue Reading Recommended Trainings for Title IX Coordinators and Investigators
In our recent training on Title IX Foundations and Investigation Techniques here at Franczek P.C., we discussed that schools often use informal processes for certain types of sex discrimination complaints. Whether some concerns are less serious (verbal bullying versus sexual assault, for instance) or there are perceived benefits of having administrators familiar with a particular population of students conduct investigations (e.g., deans of students), there certainly are many conceivably appropriate reasons for having different paths for different types of Title IX complaints. From my experience investigating Title IX complaints at OCR, schools frequently do this and doing so does not always create a Title IX concern. But a recent court decision from the higher education context provides some important reminders for schools at all levels of best practices for such informal paths to Title IX compliance.
Continue Reading Recent Court Decision A Reminder of Need for Extra Care with Informal Title IX Processes
We were all anxiously expecting Title IX regulations in September, and yet here we are on October 1 with no sign of new regs in sight. Whether you are a newly appointed Title IX Coordinator or investigator looking for a quick primer on Title IX and your school’s responsibilities, a seasoned administrator wondering what OCR’s position is now on handling requests to keep sexual harassment reports confidential, or just confused about what guidance documents are still in effect at OCR, there is no better time for a refresher on what laws and guidance matter now for OCR investigations on Title IX. Here is a quick summary on what you should know and where to find it. Continue Reading So Much For Title IX Regs in September: A Quick Reference and Summary For the Meantime
You need not work in a college, university, or elementary or secondary school to know that Title IX has become one of the most important and evolving areas of education law in recent years.
Since its inception in 1972, the impact of the law has morphed beyond just ensuring gender equity in athletics to governing some of the most significant issues in the culture wars. From sexual harassment and assault and sex-based bullying to transgender student facility access and athletic parity, keeping up with the changes to the law requires significant care.
Franczek P.C. has consistently covered major changes to Title IX, including proposed changes to regulations, changes in guidance from the Department of Education’s Office for Civil Rights, and notable lawsuits from across the country on emerging trends under the law for decades through its client alerts. These alerts cover a variety of labor and employment and education topics (sign up here if you haven’t already).
But Franczek’s attorneys recognize the potential benefit of a dedicated online space for a robust, focused discussion on Title IX issues in the educational sphere. The goal of providing that space for firm clients and friends has now culminated in the release of Franczek’s “Title IX Insights” blog.
Franczek P.C. has been a trailblazer in thought leadership in the K-12 and higher-educational space for 25 years. Almost all of the firm’s 31 attorneys represent schools, colleges, and universities for some or all of their legal practice. Of those attorneys, 18 attorneys offer combined centuries of experience representing and regulating schools, colleges, and universities in all aspects of Title IX law. Find out more about our team here.
As a full-service education and labor and employment boutique, Franczek attorneys are uniquely able to partner with our clients at every stage of the Title IX compliance process, from counseling on day-to-day matters to robust defense of lawsuits and administrative complaints. We help educational institutions of all shapes and sizes enact legally compliant Title IX policies and procedures, provide interactive training on Title IX fundamentals and investigation techniques, and defend clients before OCR and the courts.
We look forward to this conversation with you in the days, weeks, and years to come. Please let us know if there are any topics you would like to see covered in the blog!