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.
Continue Reading Complete Your Required Sexual Harassment Training for Illinois Educational Employees by December 31
Why Your Next OCR Title IX Complaint May Feel Like A Lawsuit
One of the biggest changes from the new Title IX regulations issued by the Department of Education last week is that, beginning in August 2020, OCR’s complaint findings will be based on standards very similar to those used by federal courts for decades in lawsuits for money damages under Title IX. The U.S. Supreme Court set forth the standards in Gebser v. Lago Vista Independent School District, 524 U.S. 274 (1998), and Davis v. Monroe County Board of Education, 526 U.S. 629 (1999). Those cases included the fundamental ideas that have now been codified—in modified form—in the Department’s final rule, such as the ideas that a school can only be responsible for sexual harassment that is “so severe, pervasive, and objectively offensive that it effectively bars the victim’s access to an educational opportunity or benefit”; when it exercises “substantial control” over the harasser and the “context” of harassment; and when it has “actual knowledge” of the sexual harassment. These cases also are the root of the “deliberately indifferent” standard that OCR will now use to decide if a school has violated Title IX. What do these standards mean, and what lessons can your institution learn from the court cases in which they were created and fleshed out over the past two decades?
Continue Reading Why Your Next OCR Title IX Complaint May Feel Like A Lawsuit
9 for IX: Nine Essential Questions Answered About the New Title IX
As we discussed in our blog post on May 6, 2020, the U.S. Department of Education issued on that day its long-awaited Title IX regulations, raising panic and concern amongst stakeholders on every part of the Title IX spectrum. Our Title IX Insights blog team provided some initial thoughts on the new regulations during a webinar on May 11; you can watch the recording here. This blog post answers some of the questions we raised during the webinar as well as some questions we received from the audience but did not have time to address. For more on the details about the final rule, check out the webinar recording and stay tuned to our blog for more insights to come.
Continue Reading 9 for IX: Nine Essential Questions Answered About the New Title IX
They’re Finally Here: U.S. Department of Education Issues Title IX Regulations
After almost one-and-a-half years since issuing its original proposed rule, the U.S. Department of Education has issued final Title IX regulations effective August 14, 2020. Although analyzing the changes will take some time, what follows is a brief initial summary of some of the main changes in the final rule. Please join us for a complimentary webinar breaking down the new rule on Monday, May 11, 2020, at 11:30 a.m. We will be working on providing you more insights, as well, in the coming days.
Continue Reading They’re Finally Here: U.S. Department of Education Issues Title IX Regulations
Jail Time for Responsible Employees Under Title IX? In Texas, Maybe
We all know how important it is for responsible employees in educational institutions to report up the chain when they learn of sexual misconduct against a student. But the stakes for noncompliance just grew in Texas, where lawmakers recently passed legislation allowing jail time in addition to institutional penalties for responsible employees who fail to report as required by law. It seems like a good reason for a refresher on the rules for responsible employees and some tips for how to foster compliance at your institution, don’t you think?
Continue Reading Jail Time for Responsible Employees Under Title IX? In Texas, Maybe