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The confusing messages coming from the U.S. Department of Education continue. We still await more information on if/when a final version of the pending Title IX regulations will be released. Those regulations have been almost universally described as rolling back Federal regulatory oversight in the Title IX realm for schools, colleges, and universities. Yet today, Secretary of Education Betsy DeVos announced a “New Civil Rights Initiative to Combat Sexual Assault in K-12 Public Schools” that suggests elementary and secondary schools can expect an uptick in enforcement in this area starting today. The specific target: the purported uptick in elementary and secondary schools of the phenomenon known as “passing the trash.” This is where teachers who have engaged in sexual misconduct with a student or other minor are fired but allowed to find employment at another school. What can you expect from OCR in light of this initiative and what should K-12 schools do now to prepare?
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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.
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