It wasn’t too long ago, and even to some extent today, when Title IX was thought of as a “girls in sports” law only. Indeed, today the law still involves equal access and funding for girls’ sports but it is so much more than that. Among other protections, Title IX of the Education Amendments of 1972 prohibits sex discrimination, sexual harassment and sexual assault in education programs and activities in K-12 and higher education. Title IX requires that educational institutions provide for an equal education for females and males. The law includes discrimination and harassment, including sexual assault and rape—a major issue on college and university campuses around the country. Research suggests college campuses are not responding to complaints of sexual violence according to Title IX law requirements, resulting in students’ physical and psychological trauma and violating their civil rights to an equitable education.
The U. S. Department of Education Office for Civil Rights’ (OCR) role and responsibility is to ensure equal access to education through vigorous enforcement of civil rights in our K-12 and post-secondary schools. Failure to abide by OCR’s Guidance may result in a university/ college, or K-12 losing all of its federal funding.
In May 2020 Title IX, via the U.S. Department of Education Office for Civil Rights (OCR), was changed dramatically. This change has been to the dismay of many universities, attorneys, sexual assault and harassment victims, and others; and has been praised by other attorneys and accused sexual misconduct perpetrators. What are these changes and what new challenges do they create for universities, K-12, and victims of sexual misconduct?
OCR’s Title IX regulations have historically not been “the law”, but the regulations are often cited in lawsuits and it is expected that K-12 and higher education institutions will adhere to them. The new Title IX mandates, however, are considered law which is a major change. There are many who are not supportive of Title IX’s mandate -as of this writing, 18 State Attorneys General have brough a lawsuit against Secretary of Education Betsy DeVos over the “Final Rule” of Title IX. The lawsuit claims that her final rule is narrowly dictating Title IX’s reach and will chill victims from reporting sexual harassment and sexual assault due to the extensive changes in the procedural requirement. As a result, educational institutions are stuck between a rock and hard place. On the one hand they would be remiss in not implementing OCR’s new legally required Title IX mandates, yet on the other hand, the finality of the “final rule” will depend on the outcome of the lawsuit brought by the States’ Attorneys General. Additionally, if President Trump does not win in his re-election bid and Biden becomes president, these extreme OCR changes will, in all likelihood, be overturned.
The new Title IX changes must be implemented by August 14th. This is a particular challenge now considering President Trump has said all schools need to be open by fall – amongst the challenges of the pandemic. The schools are required to implement these Title IX changes by the august 14th timeframe. This webinar identifies and discusses the required changes K-12 and higher education institutions must implement.
Areas Covered in the Session:
- To define OCR’s new title IX sexual harassment definition
- To examine the Title IX Coordinator’s role and legal responsibility
- To review legal training requirements for the Title IX coordinator, Decision Makers, and investigators.
- To illustrate the school’s mandatory response obligations
- To discuss grievance procedure requirements
- To interpret provisions to the live hearing with cross-examination” requirements
- To discuss required investigative requirements
- To define “deliberate indifference”
- To formulate the two standards of evidence and written determination
- To review K-12 requirements
- To explore the specifics of the lawsuits brought against OCR and Betsy DeVoss by 18 Attorneys General
Who will benefit:
- Title IX Coordinators
- Risk Managers
- human rights officers
- investigators officer