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.
This week, the U.S. Supreme Court declined to review a decision allowing transgender high school students to use bathrooms and locker rooms consistent with their gender identities. The High Court’s rebuff means the lower court decision stands. The tacit endorsement solidifies an understanding of Title IX supported by other courts, including the only other federal appellate court to address the question. The decision is also notable because of the new composition of the Court, with the addition of Justice Amy Coney Barrett. The case offered the Court an opportunity to quickly narrow the holding of the recent transgender employment decision, Bostock v. Clayton County. Yet, it did not do so. Continue Reading Despite Change in High Court Composition, U.S. Supreme Court Declines to Hear Challenge to Transgender Student Rights
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.
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 complaint is received. Franczek P.C. has prepared an interactive decision-tree for the Title IX process to help meet that need. The interactive tool can be used with the Franczek P.C. Title IX Toolkit to allow Title IX Coordinators, their designees, and other administrators to easily work through threshold questions, the investigative and decision-making steps in the Title IX process, appeals, and more. For more information on the decision-tree, contact Jackie Gharapour Wernz or any other Franczek attorney.
Recently, the U.S. Department of Education (ED) replaced the 2016 Clery Act Handbook (Handbook) with the new Clery Act Appendix for FSA Handbook (Appendix). The Appendix rescinds previous ED guidance interpreting Clery Act regulations, leaving higher education institutions with 13 pages of sub-regulatory guidance. While the contents of the Appendix do not have a binding effect on institutions, the ED stated that its intent was to provide clarity regarding existing Clery Act statutory and regulatory requirements. The following Q&A addresses questions that may arise when reviewing the recent changes to Clery Act guidance.
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.
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
The new Title IX regulations are now in effect and require school districts to train separate administrators to perform the roles of Title IX Coordinator, Investigator, Decision-Makers (initial and appellate), and informal resolution facilitators. Franczek P.C.’s training package allows compliance for the entire Title IX Team of a school or district for one low flat fee. Contact us at TitleIX@Franczek.com for more information on our competitive training and other Title IX compliance packages.
However, we understand the hardship that the Title IX requirements place on schools and districts during this time. We recognize that many school districts and schools will not train their entire Title IX Teams soon. Accordingly, we are offering the following general sessions for individual members of the Title IX Team on Friday, October 30, 2020:
- Basic Title IX Training for K-12 Title IX Administrators, 8 a.m. – 11 a.m.
- Title IX Role Training for Coordinators and Investigators, 11:15 a.m. – 1:15 p.m.
- Title IX Role Training for Decision-Makers (Complaint and Appeal), 1:30 p.m.-3:30 p.m.
- Title IX Role Training for Informal Resolution Facilitators, 3:45 p.m. – 5 p.m.
If October 30 is not convenient for your team, contact TitleIX@Franczek.com. We have broad flexibility to offer make-up sessions that fit your schedule.
Information on each session, pricing for individual sessions, and registration links are below. Discounts are available for larger groups; contact us at TitleIX@Franczek.com for more information on group rates. Continue Reading Title IX Basic and Role Training for K-12 Administrators – October 30, 2020