Title IX Regulations

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wish listIn recent weeks, I have been lucky enough to be involved in the conversation about what changes the Biden administration should make under Title IX. In addition to informal discussions with colleagues, administrators, and associations, Real Clear Investigations interviewed me for a recent piece. I discussed the pressure that many schools felt under the Obama administration as one reason the Biden team should not simply return us to the Title IX guidance of that era.

Most conversations, including the Real Clear Investigations interview and article, focus primarily on Title IX and higher education. To some extent, that makes sense. There are more Title IX incidents in higher ed. Colleges and universities have and dedicate more resources toward the process. The highest-profile cases of mishandled complaints are from the higher ed space.

But K-12 administrators have been working hard since May 6, 2020, to implement the new Title IX regulations. They are already feeling the real impacts of the new rules in the schoolhouse (whether in-person, hybrid, or virtual). I have trained thousands of administrators during the summer and fall and helped countless others write policies and respond to complaints under the new rules. I have heard time and again how much in the 2020 rules are not workable for K-12 schools. If K-12 administrators had a wish list for the Biden transition team regarding their genuine and unique concerns, what might it be? Here are the top three considerations as I see them.

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Continue Reading A K-12 Holiday Wish List for The Next “New” Title IX

Over 100 self-described advocates for civil rights and student survivors of sexual assault and harassment recently signed a letter asking President-elect Joe Biden to “stop enforcement” of the new Title IX rules “as soon as [he] takes office.” As discussed elsewhere on this blog, there is an open question about whether such a quick reversal on the Title IX rules is possible. Unless done well, a fast rollback of the rules could put schools, colleges, and universities between a legal rock and a hard place. Some of the other requests in the letter face fewer barriers to implementation. Although the letter is only one source in a crowded discussion about what the Biden administration should do concerning Title IX and civil rights, it is an interesting addition to the discussion of what changes might be afoot under the new administration.
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Continue Reading Hundreds of Organizations Ask Biden for Immediate Change in Title IX; How Realistic are the Demands?

As our Franczek colleagues previously reported, under Illinois law, Illinois employers—including schools, colleges, and universities—must train all employees on sexual harassment in employment by December 31, 2020. We also recommend training for all staff by year-end on changes required by the new Title IX regulations. (Yes, despite the recent election, we expect the new regs to remain part of our lives for some time.) If your school, college, or university has not trained employees already, it’s not too late to comply! We offer a training package that can quickly, easily, and—most importantly—effectively train your staff on required and recommended topics. Contact us to obtain training resources from the team you know and trust for Title IX compliance.
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Continue Reading Complete Your Required Sexual Harassment Training for Illinois Educational Employees by December 31

Educational institutions across the country are receiving complaints and reports of sex-based misconduct triggering the use of the new Title IX regulations. We have heard from many Title IX administrators that they are seeking ways to simplify the complicated decision-making process required under the new Title IX regulations when a report or compTreelaint is…

As a Presidential candidate, Joe Biden promised that, if elected, he would put a “quick end” to the Trump administration’s 2020 Title IX rule on sexual harassment. Now, Biden is the projected winner of the 2020 Presidential election.  What does that mean for Title IX and, most importantly, for the schools, colleges, and universities that must comply with it? The Trump administration used rulemaking to update Title IX, not the more-easily discardable informal guidance used by the Obama administration. Unwinding this complicated new system will be challenging, and doing it in a way that protects the educational institutions who must comply with the law is essential. This post contains key questions and answers for school leaders about what the election results mean for Title IX.
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Continue Reading What Comes Next? Title IX Under a Biden Presidency

When it issued its final Title IX regulations in May 2020, the U.S. Department of Education’s Office for Civil Rights said in the preamble to the rules that it would not enforce the final rules retroactively. It repeated that position in a blog post on August 5, 2020, saying unequivocally that “the Rule governs how schools must respond to sexual harassment that allegedly occurs on or after August 14, 2020.” Schools, colleges, and universities rightfully understood that they should use their old Title IX procedures to address conduct occurring before August 14, 2020.

A recent court decision from the Northern District of New York has called that understanding of the new regulations into serious doubt. The court refused to grant OCR any real deference on whether educational institutions should use new Title IX procedures for pre-August 14 conduct. There are some critical features of the case that schools, colleges, and universities can rely on to support using old Title IX procedures for conduct that occurred before the effective date of the new rules. But there is no question that the decision increases the risk of legal challenges by respondents against their schools for using old procedures in ongoing or new cases. Educational institutions should work with legal counsel to address whether the court’s decision necessitates changes to the processing of existing or future complaints under Title IX.…
Continue Reading Are the New Title IX Regulations Retroactive? One Court Says Yes

It has been over two months since the 2020 Title IX regulations setting forth a new procedure for addressing school-based Title IX sexual harassment complaints went into effect. The new rules require, among many other things, that all members of what we here at Franczek P.C. call the “Title IX Team” receive training. Our attorneys are leaders in helping schools and their attorneys learn the new law, both through free resources and a comprehensive training package that allows training of the entire Title IX Team–a feat that cannot be achieved through free resources alone. This blog includes a refresher on what training is required, who needs Title IX training, what to look for in a training provider, and a comprehensive list of the free resources your school, college, or university can use to help meet the compliance requirements of the new Title IX.…
Continue Reading The Best Things in Life: Free Title IX Training Resources for Rules Compliance

clockOn September 28, 2020, the U.S. Department of Education’s Office for Civil Rights released new technical assistance for elementary and secondary schools concerning COVID-19. The document, Questions and Answers for K-12 Public Schools in the Current COVID-19 Environment, provides OCR’s perspective on schools’ obligations under civil rights laws as schools continue to decide how to provide educational services during the pandemic. Notably for our purposes, OCR addresses how schools should handle Title IX complaints during the COVID-19 crisis. Notably, the Q&A indicates that OCR will defer to educational institutions as to whether there is a good reason to delay Title IX processes because of COVID-19. Such delays should only be temporary and should balance the interests of promptness, fairness to the parties, and accuracy of adjudications.
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Continue Reading OCR Q&A Addresses Title IX, K-12 Schools, and COVID-19

Well, we’ve made it almost six weeks since the new Title IX Sexual Harassment regulations went into effect. And I’m happy to see that so many of our clients and friends are making good progress with revising and approving policies and completing mandated training. You may be wondering what should be next on your checklist. My recommendation: Spruce up your administrative procedures or regulations. You need to be ready to answer a question from OCR or a court about where they can find your detailed process for investigating and adjudicating Title IX Sexual Harassment complaints. For many institutions, the answer will not be the formal Title IX Sexual Harassment policy. If you do not have an administrative procedure in place, contact us for assistance. Keep reading to learn more about this requirement and what the procedures should include.…
Continue Reading Critical Elements for a Compliant Title IX Sexual Harassment Procedure