As schools revamp their Title IX policies by August 14 to comply with the recently-enacted federal regulations, information about how those policies might look is starting to come to light. In recent weeks, a number of schools have made clear that—as my colleague predicted when the regulations came out—while they…
The Department of Education’s new Title IX regulations, which have now been officially published, run to over 550 pages of fine print in the Federal Register or over 2000 pages in regular font. Few people have the time or knowledge necessary to identify the most important parts of the regulations,…
Last month, the U.S. Department of Education (DOE) issued a letter to the Connecticut Interscholastic Athletic Conference (CIAC) and a number of Connecticut schools notifying them that their policy allowing transgender student athletes to play sports on the team that corresponds with their gender violates Title IX, and giving them…
In a previous post, I discussed a confusing provision of the new Title IX regulations that prohibits decision-makers from considering statements by parties or witnesses who do not undergo cross-examination at the live hearing. One question that this provision has raised is what happens when the respondent’s statements are the…
One of the most confusing and controversial provisions of the new Title IX regulations is a provision that bars the decision-maker from considering any statement by a party or witness who does not submit to cross-examination at the hearing: “If a party or witness does not submit to cross-examination at…
One of several controversial revisions to the new Title IX regulations issued by the Department of Education (DOE) is the change to the definition of “sexual harassment.” The regulations significantly narrow the scope of Title IX’s definition of sexual harassment, making it less expansive than the workplace standard for sexual…
The new Title IX regulations that were released yesterday impose detailed requirements schools must follow to address complaints of sexual harassment, including sexual assault. Until now, under Title IX schools were left to their own devices to develop grievance procedures, the only regulatory requirement was that those procedures be “prompt…
Cross examination rights in Title IX campus cases have long been hotly contested—both in litigation challenging the adequacy of school sexual misconduct proceedings and in the public debate about how colleges and universities should handle allegations of sexual misconduct. This week’s newly issued Title IX regulations have attempted to find…
Yesterday, the Department of Education released final new Title IX regulations. Our office is addressing the regulations, which mandate significant changes to the way that most colleges and universities have been handling accusations of sexual assault and harassment, in a series of blog posts. This post addresses just one important…
The new Title IX regulations from the Department of Education (summarized by my colleague here) promise significant procedural protections for students accused of sexual misconduct, and require that all potential victims of sexual harassment be offered supportive services at a minimum. Among other things, the regulations mandate that, in response…