You may have noticed while skimming through the new Title IX proposed regulations that there are now seemingly two grievance procedures to address Title IX complaints instead of one. You’ll recall that the current 2020 regulations—which, it should be noted, are still in effect—outline the grievance process for formal complaints of sexual harassment in § 106.45. In the proposed regulations, however, there are now two sections—§ 106.45 and § 106.46—governing grievance procedures for Title IX complaints. Why the split, and what’s the difference between the two processes, if any?
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Biden Administration Releases New Proposed Title IX Regulations
Today, the Biden administration released its highly anticipated proposed Title IX regulations on the 50th anniversary of the passage of Title IX. The unofficial draft of the proposed rule can be found here. The Department also released a fact sheet on the draft rule as well as the Department’s summary of the draft rule’s major provisions.
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Celebrating the 50th Anniversary of Title IX
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.
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When School Districts Are Liable for Employee-Student Sexual Abuse under Title IX
The 7th Circuit Court of Appeals confirmed that school districts may only be liable for employee sexual misconduct when a school official has actual notice of the conduct. In C.S. v. Madison Metropolitan School District, the Court held that the Title IX obligations of a school district are limited in this regard. While various state laws impose additional requirements beyond Title IX for Illinois schools to respond to reported sexual misconduct by a school employee, this case provides important guideposts for when school districts may be subject to liability for monetary damages under Title IX.
In this case, a middle school student alleged a school security assistant sexually abused her throughout her eighth-grade year. There was no evidence that anyone witnessed the misconduct, and the student did not report the abuse until August 2014, when she was in high school. The Court noted that “if eighth grade were the whole story, it is clear that [the security assistant’s] alleged abuse, even if proven, could not give rise to liability for the school district” because the school had no knowledge, actual or otherwise, of the abuse. Continue Reading When School Districts Are Liable for Employee-Student Sexual Abuse under Title IX
Title IX Refresher Series Part III: Title IX Decision-Maker
We recently launched a multi-part series where we are providing 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. 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.
Today, we’re focusing our spotlight on the Title IX Decision-Maker. With the live hearing requirement for colleges and universities under the 2020 regulations, Decision-Makers play key roles in the formal grievance and appeals processes. The regulations outline three stages in which Decision-Makers play a primary role: the live hearing, the written determination, and the appeal. (Decision-Makers have slightly different responsibilities in the K-12 process, which we will also cover below.) Continue Reading Title IX Refresher Series Part III: Title IX Decision-Maker
Video Podcast: Title IX Sexual Harassment: LGBTQ+
In this episode, Franczek partners Kendra Yoch and Jennifer Smith discuss Title IX Investigations involving LGBTQ+ parties and understanding Title IX regulations as they pertain to the LGBTQ+ community.
Are Title IX Live Hearings A Thing of the Past?
Live hearings—the hallmark procedure and one of the most substantial changes under the 2020 Title IX regulations for higher education institutions—may be a thing of the past. This a possible result of the end of the “Suppression Rule” brought about by the recent court decision in Victim Rights Law Center v. Cardona and the announcement from the U.S. Department of Education Office for Civil Rights (OCR) confirming OCR will not enforce the Suppression Rule. The Suppression Rule prohibited decisionmakers at higher education institutions from considering any statements of parties or witnesses that were not subject to cross examination and therefore not tested for credibility, with potentially draconian results.
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New Staff or New Roles? Franczek P.C. Offers Updated Title IX Training for K-12 Administrators
Franczek’s Education Law Team is pleased to offer Title IX Compliance training to prepare your team for the 2021-2022 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.
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