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We are nearly at the one-month mark with the 2024 Title IX Regulations in effect. Since the August 1 implementation date, school administrators have been busy getting trained, preparing for the school year ahead, and sorting through the different legal challenges to the new regulations. With most students now settling into their classrooms, we’d like to provide an update on all things Title IX.Continue Reading One Month In – Title IX Update

Schools throughout the country are preparing to implement the U.S. Department of Education Office for Civil Rights’ (“OCR”) long-awaited final 2024 Title IX regulations. These new regulations, which replace the 2020 regulations, took effect today. In the wake of their release, legal challenges have now surfaced throughout the country, aiming to halt enforcement of the 2024 regulations. We have talked with several clients about these lawsuits’ impact on their individual schools, particularly regarding one court order referencing various schools nationwide. We provide general information about this order below relevant to Illinois schools, but we continue to recommend schools contact legal counsel for advice regarding the impact of these challenges on their particular schools.  Continue Reading Legal Challenges to the 2024 Title IX Regulations – What’s Next for Illinois Schools?

On April 6, the Department of Education Office for Civil Rights (OCR) released its much-anticipated proposed Title IX rule on the eligibility of students for participation in athletic programs based on their gender identity. The proposed rule, which has garnered a great deal of attention over its application to transgender students, would prohibit schools and colleges that receive federal financial aid from categorically banning students from participating in sports programs based on their gender identity. At the same time, the proposed rule would provide some flexibility for schools and colleges to determine their own sex-related eligibility criteria for more competitive programs, provided that the criteria fit within the rule’s framework.  

While the draft document released by OCR contains 114 pages of preamble commentary, which provides an in-depth discussion and analysis of the background and language of the proposed rule, the rule itself is brief, proposing a short paragraph addition to the Title IX regulations at 34 CFR § 106.41, which pertains to athletics. Continue Reading OCR Releases Proposed Rule Updating Title IX on Student Eligibility for Athletics

In this post, we continue our recap of recent Title IX-related news that you might have missed and noteworthy items to keep an eye on in 2023 (you can read updates from our last post here). Below, we cover recent federal government actions and proposals to bolster protections for students against sexual violence.  Continue Reading Title IX Updates: Recent Moves by Biden Administration, Congress to Address Sexual Violence on Campus 

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…

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

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.
Continue Reading Are Title IX Live Hearings A Thing of the Past?

Paper tear background with word Complaints.

It’s an all-too-common scenario these days: Students  report sexual misconduct perpetrated against other, often unnamed students. They post anonymously on Instagram. They hang letters on walls or post complaints on bulletin boards. They hold protests and speak out at board meetings. Often, the allegations are nothing more than vague references to harassment and mishandling of reports by the institution. Our Title IX Decision Tree walks you through various decision steps of the Title IX process, including those related to bystander and anonymous complaints. We also have a free flowchart that addresses responding to bystander and anonymous complaints; email us at titleix@franczek.com to request a copy. For more on how to respond to bystander and anonymous sexual harassment reports under Title IX, keep reading here.
Continue Reading Responding to Bystander and Anonymous Sexual Harassment Complaints

On September 8, 2020, an Education Dive article quoted me about two recent letters from the U.S. Department of Education’s Office for Civil Rights (OCR) on the impact on Title IX of this year’s landmark U.S. Supreme Court decision on sexual orientation discrimination in employment. OCR’s position: Title IX, like Title VII, now protects against discrimination based on sexual orientation and gender identity in schools. But that does not mean that schools can grant transgender students equal access to sex-segregated facilities or sports teams, says OCR. Media reports suggest the Department’s stated approaches are “totally at odds”–but are they? Here is a summary of the letters and why they seem pretty consistent, after all.
Continue Reading Is OCR’s New Approach to Trans Rights in Schools Really Inconsistent? Here’s Why It’s Not