Title IX Fundamentals and Investigation Techniques
Monday-Friday, September 11 to 14, 2023
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. …
As we head into the long weekend, we wanted to share a quick Title IX update from the Department of Education. The Department just announced through a blog post that due to the large number of public comments it received regarding its proposed rules to Title IX of the Education Amendments of 1972, it is…
The Biden Administration has recently taken steps through agency guidance, rulemaking and decision-making to highlight protections for students and employees with pregnancy-related conditions, including abortion, under the umbrella of Title IX. Against the backdrop of the Supreme Court’s recent decision in Dobbs v. Jackson Women’s Health Organization this past June overturning the 1973 ruling Roe v. Wade, which established a constitutional right to abortion, these recent actions by the Department of Education’s Office for Civil Rights (OCR) provide reminders to educational institutions that Title IX continues to guarantee certain protections under federal law for students and employees based on pregnancy and related conditions, including the termination of pregnancy.
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Continue Reading Title IX Protections for Pregnancy after Overturning of Roe v. Wade
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 …
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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Continue Reading Biden Administration Releases New Proposed Title IX Regulations
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
In March, President Biden signed into law the Violence against Women Act Reauthorization Act of 2022 (VAWA), which Congress passed as part of the FY22 Omnibus appropriations bill. First passed in 1994 and reauthorized in 2000, 2005, 2013, and now 2022, VAWA is aimed at addressing sexual assault and other forms of gender-based violence by expanding access to safety and support for survivors and increasing community-wide prevention efforts. This latest reauthorization of VAWA contains several new measures and revised or new definitions that schools and colleges should be aware of and, if needed, be prepared to implement into their policies and procedures. In this post, we will provide an in-depth overview of VAWA updates that may be relevant to your institution.
Broadly, the 2022 VAWA reauthorizes all current VAWA grant programs until 2027; expands services and support for survivors of gender-based violence from underserved and marginalized communities, including LGBTQ+ survivors and those in rural communities; expands the criminal jurisdiction of tribal courts over non-Native perpetrators; establishes a federal civil cause of action for victims of cybercrimes; and—crucially for educational institutions—expands prevention education programs and grants for students in K-12 and higher ed. All provisions in the reauthorized VAWA are effective October 1, 2022, unless otherwise provided. …
Continue Reading VAWA Reauthorized: What Does This Mean for Your School or College?
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
In December, the Biden Administration announced that it plans to release new Title IX draft rules to the public by April 2022. (See our previous post on the announcement here.) Last week, the Department of Education Office for Civil Rights (OCR) provided an update on the latest step in this process.
On Friday, OCR reported on its blog that the Department of Education sent the draft of the proposed Title IX amendments to the Office of Information and Regulatory Affairs (OIRA). At this stage, the draft amendments—known as a Notice of Proposed Rulemaking (NPRM)—are not yet available for public viewing. An internal review will be conducted by OIRA and the Department of Justice to analyze the costs and benefits of the proposed rules. Following the internal review process, the Department of Education will publish the draft rules in the Federal Register, where members of the public will have the opportunity to submit their comments on the proposed regulations. While the FAQs on the OIRA review process state that the process may take up to 90 days, the Department of Education may still be on track to issue the proposed amendments in April depending on how long the OIRA review takes. …
Continue Reading OCR Provides Update on Rulemaking Process for Title IX
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.
