Photo of Emily Tulloch

Attorney advising and representing K-12, community college, and higher education clients.

Earlier this morning, the Department of Education Office for Civil Rights released its long-awaited final Title IX regulations on sexual harassment. These new regulations, which replace the 2020 rules, will take effect on August 1, 2024. Until then, the 2020 rules continue to be in effect.  Continue Reading Final Title IX Rule on Sexual Harassment Released Today 

New school year, new roles, new personnel—these are just some of the reasons to schedule training on the Title IX requirements. While revisions to the Title IX regulations are pending, the 2020 Title IX regulations continue to apply and will for at least the first semester of the 2023-2024 school year. Read below for descriptions of our upcoming training options and click the links for pricing information. Continue Reading New Staff or New Roles? Franczek P.C. Offers Title IX Training for K-12 Administrators

An article by Franczek’s Title IX team—partners Kaitlin Atlas, Amy Dickerson, Jennifer Smith, attorney Emily Tulloch, and law clerk Jenny Lee*—was published in the Winter 2022 Risk Management issue of the Illinois Association of School Business Officials (IASBO) UPDATE magazine. The article, titled “Title IX Investigations: How Do You Manage Complaints?”, featured the authors’ top

Franczek’s Education Law Team is pleased to offer Title IX Compliance training to prepare your team for the 2022-2023 school year. As our trainees have come to expect from the Franczek team, we will engage participants with the material through live polling, discussion, theoretical problems, and role-playing scenarios. If you are interested in Title IX training scheduled specifically for your school or district, please contact TitleIX@franczek.com.
Continue Reading New Staff or New Roles? Franczek P.C. Offers Title IX Training for K-12 Administrators

As we discussed in a previous alert, the Biden administration recently released its proposed Title IX regulations. Today, the administration published the proposed regulations in the Federal Register, beginning the 60-day public comment period. Members of the public will have until September 12, 2022, to submit comments related to the proposed rules. Comments may

This week, we celebrate the 50th anniversary of Title IX, the landmark legislation signed into law on June 23 as part of the Education Amendments of 1972. Consisting of a mere 37 words—“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance”—Title IX transformed the landscape of gender equity in education, expanding opportunities and ensuring fairness for women. We first saw Title IX make substantial changes in the realm of athletics, but it has since made significant strides in addressing sexual harassment on campuses across the country.  
Continue Reading Celebrating the 50th Anniversary of Title IX

Earlier this year, we launched a multi-part series where we provide a refresher on the key players on the Title IX team under the current 2020 regulations. While we wait for the Biden administration to release their proposed regulations soon, remember that the 2020 regulations are still in effect and will be for some time to come. With that in mind, we want to ensure that everyone is up to speed on the current roles and responsibilities of the members of their team. Now is a great time to identify who will serve in these roles for the upcoming school year and ensure those individuals have the necessary training. 

For our final post in this series, we’re focusing our spotlight on the Title IX Advisor. Unlike the other Title IX roles that we’ve discussed in previous blog posts, there are no training requirements for advisors under the 2020 regulations. In fact, as we will discuss below, the advisor role can be filled by virtually anyone, including non-employees. However, we highly recommend that your school or college maintain a roster of trusted individuals who can fill in as advisors when needed and receive at least basic training in your Title IX policy and procedures.  Continue Reading Title IX Refresher Series Part V: Title IX Advisor

In a highly anticipated decision earlier this month, OCR reaffirmed the broad discretion that religious institutions may have under the religious exemption in Title IX.  

Title IX provides that “no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” However, Title IX allows religious educational institutions, including those accepting federal funds, to claim a religious exemption to the extent that an application of a Title IX provision is inconsistent with the tenets of the religious organization that “controls” the institution.  Continue Reading OCR Dismisses LGBTQ+ Complaint Based on Title IX Religious Exemption

In January, the U.S. Court of Appeals for the Third Circuit affirmed that Title IX provides adequate notice to federal funding recipients of their responsibility to respond to known sexual harassment if they have control over the context and harasser, even when the harasser is a third party 

The Court of Appeals ruled that Millersville University, a public institution in Pennsylvania, could be liable for deliberate indifference to known sexual harassment by a non-student guest. The case arose from the murder of a female student in her dorm room by her non-student boyfriend. The non-student’s months-long pattern of abusive behavior leading up to the murder was well-known and reported to individuals on campus who had some authority to take corrective action, including a campus police officer who failed to file an incident report involving the non-student until after the student’s murder. While the Deputy and Area Title IX Coordinators received actual notice, they did not forward any of the reports to the Title IX Coordinator as required by their policy.  Continue Reading Third Circuit Finds that Deliberate Indifference to Third-Party Conduct May Lead to Title IX Liability

As we noted in our last blog post, the Biden administration recently announced plans to propose amendments to the Title IX regulations by April 2022. While this deadline is fast approaching, before you start thinking about changing your policies and procedures, remember that the Trump administration’s 2020 regulations are still in full effect and will continue to be for the time being. 

With that in mind, we are launching a multi-part series where we’ll be providing a refresher on the key players on your Title IX team under the current 2020 regulations. Over the next several posts, we’ll highlight the roles and responsibilities of Title IX Coordinators, Investigators, Decision-Makers (Complaint and Appeal), Informal Resolution Facilitators, and Advisors, reviewing legal requirements and sharing practical tips and lessons that we’ve learned in the field. Continue Reading New Title IX Series: Refresher on the Roles and Responsibilities of Your Title IX Team