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

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 publicly release their proposed regulations, remember that the 2020 regulations are still in effect and will be for some time to come. 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. 

In a previous post, we covered the roles and responsibilities of the Title IX Coordinator. Today, we’re focusing our spotlight on the Title IX Investigator. As you know, Title IX Investigators play a crucial role in your institution’s formal grievance process. Investigators are responsible for conducting fair and unbiased investigations and creating thorough investigation reports summarizing all relevant evidence that will help Decision-Makers make final determinations.  

Continue Reading Title IX Refresher Series Part II: The Title IX Investigator

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 a highly anticipated decision earlier this month, OCR reaffirmed the broad discretion that religious institutions may have under the religious exemption in Title IX.  

Title IX provides that “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.” However, Title IX allows religious educational institutions, including those accepting federal funds, to claim a religious exemption to the extent that an application of a Title IX provision is inconsistent with the tenets of the religious organization that “controls” the institution.  

Continue Reading OCR Dismisses LGBTQ+ Complaint Based on Title IX Religious Exemption

In January, the U.S. Court of Appeals for the Third Circuit affirmed that Title IX provides adequate notice to federal funding recipients of their responsibility to respond to known sexual harassment if they have control over the context and harasser, even when the harasser is a third party.  

The Court of Appeals ruled that Millersville University, a public institution in Pennsylvania, could be liable for deliberate indifference to known sexual harassment by a non-student guest. The case arose from the murder of a female student in her dorm room by her non-student boyfriend. The non-student’s months-long pattern of abusive behavior leading up to the murder was well-known and reported to individuals on campus who had some authority to take corrective action, including a campus police officer who failed to file an incident report involving the non-student until after the student’s murder. While the Deputy and Area Title IX Coordinators received actual notice, they did not forward any of the reports to the Title IX Coordinator as required by their policy.  

Continue Reading Third Circuit Finds that Deliberate Indifference to Third-Party Conduct May Lead to Title IX Liability

As we noted in our last blog post, the Biden administration recently announced plans to propose amendments to the Title IX regulations by April 2022. While this deadline is fast approaching, before you start thinking about changing your policies and procedures, remember that the Trump administration’s 2020 regulations are still in full effect and will continue to be for the time being. 

With that in mind, we are launching a multi-part series where we’ll be providing a refresher on the key players on your Title IX team under the current 2020 regulations. Over the next several posts, we’ll highlight the roles and responsibilities of Title IX Coordinators, Investigators, Decision-Makers (Complaint and Appeal), Informal Resolution Facilitators, and Advisors, reviewing legal requirements and sharing practical tips and lessons that we’ve learned in the field. 

Continue Reading New Title IX Series: Refresher on the Roles and Responsibilities of Your Title IX Team

As a presidential candidate, now-President Biden promised that he would put a “quick end” to the Trump administration’s 2020 Title IX rules. Aiming to keep that promise, the Department of Education announced  its intention to release proposed amendments to Title IX’s implementing regulations by April 2022, a month earlier than initially expected. While the April 2022 date is not binding, it signals the Biden administration’s intent to start the lengthy rulemaking process as soon as possible.   Continue Reading Biden Administration to Propose New Title IX Rules by April 2022

Governor Pritzker recently signed into law Public Act 102-0466 (House Bill 3223), which makes changes and additions to the School Code to support students who are parents, expectant parents, or victims of domestic or sexual violence. The new law goes into effect on July 1, 2025, except that several provisions noted below must be in place a year earlier. With changes to the Title IX regulations expected before 2025, how this new law will align with schools’ obligations under Title IX – or if additional amendments to this State law will be made prior to 2024 – remains to be seen. We will monitor developments to assist schools with implementation as we get closer to the effective date. We have outlined some of the highlights of the new law, including changes related to disciplinary hearings, home instruction, excused absences, and new policies, procedures, and trainings. 

Continue Reading Illinois Passes New Legislation to Support Students Who Are Parents, Expectant Parents, or Victims of Domestic or Sexual Violence

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?