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 moving the anticipated release date of the final rules to October 2023. Originally scheduled to be released this month, the final Title IX rules are expected to significantly change schools’ current obligations for responding to reports and complaints of sexual harassment. The Department also shared that it intends to release the final rule addressing athletics in October 2023.

Stay tuned for further insights and support from our Title IX team regarding the impact this new release date will have on your School’s policies, procedures, and training plans for the upcoming school year. And as always, do not hesitate to reach out for specific assistance with supporting your Title IX teams under the current rules, both as you end the current school year and prepare for the 2023-2024 school year. 

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

Athletics is poised to be a major topic in Title IX this year. The participation of transgender athletes in school sports continues to dominate headlines, as we reported earlier on this blog, while gender inequity remains a key concern in school sports programs 50 years after the passage of Title IX, despite major gains for female athletes and women’s sports. In this post, we provide updates on recent OCR resources and a complaint resolution that address Title IX issues related to school athletic programs. 

Continue Reading Title IX Updates in Athletics: Recent OCR Guidance, Complaint Resolution 

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 

Happy New Year from the Title IX team at Franczek! Over the next several posts, we will be providing Title IX updates from the end of 2022 that you might have missed, as well as noteworthy items to keep an eye on in 2023. Below, we cover recent federal court decisions on school district policies regarding transgender students, which we predict will continue to be a major issue this year.  

Continue Reading Title IX Updates: Key Wins—and a Loss—in Federal Courts for Transgender Students and Athletes 

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 tips for school officials on managing reports and complaints of sexual harassment and mitigating risk under the current Title IX regulations.

You can find the article in the Winter 2022 issue of UPDATE magazine here.

*Also authored by Jenny Lee, a third-year law student at Loyola University Chicago School of Law, currently a law clerk at Franczek P.C.

As we’re nearing the end of the calendar year, many of you may be wondering where things stand with the Biden Administration’s proposed Title IX regulations. As we previously reported on this blog, the proposed Title IX rule would significantly revise the Trump administration’s 2020 rule, including by clarifying that Title IX protects individuals on the basis of sexual orientation, gender identity, and sex characteristics; broadening the definition of sex-based harassment; broadening the jurisdiction of institutions to address off-campus harassment; expanding the rights of pregnant and parenting students and employees; and making the live hearing and cross-examination requirement optional.   Continue Reading Update on Biden Administration’s Title IX Proposed Rule

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.  

Continue Reading Title IX Protections for Pregnancy after Overturning of Roe v. Wade

Recent court and OCR decisions regarding transgender students and employees reflect widely varying responses to the Biden administration’s efforts to expand protections for LGBTQ+ individuals under federal law, including Title IX. In January 2021, President Biden issued an executive order applying the Supreme Court’s decision in Bostock v. Clayton County to all federal laws prohibiting sex-based discrimination, clarifying that sex discrimination includes discrimination based on gender identity and sexual orientation.  Continue Reading What’s the Future for Biden Administration Protections for LGBTQ+ Students and Employees under Title IX?

On July 18, 2022, the U.S. Department of Education’s Office for Civil Rights (OCR) released its revised Case Processing Manual (CPM), which was last updated in August 2020. The CPM outlines the procedures OCR uses to investigate and resolve complaints under the civil rights laws it enforces, including Title IX, the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act of 1973. The revised manual contains several noteworthy changes schools and colleges should be aware of, including the following highlighted below. 

Definition of “complaint” 

  • Defines “complaint” as “a written statement to the Department [of Education] alleging that the rights of one or more persons have been violated and requesting that the Department take action.” 
  • Expressly states that the following are not considered complaints: oral allegations, anonymous correspondence, courtesy copies of correspondence or a complaint filed or submitted somewhere else, and inquiries that seek advice/information but not action/intervention. Previously, OCR was permitted to determine on a case-by-case basis whether to process such correspondence or inquiries as a complaint. 
  • Clarifies that OCR may investigate Title IX complaints filed by employees as well as by students, parents, and applicants. 

Continue Reading OCR Releases Revised Case Processing Manual with New Updates to Complaint Process