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Expert Witnesses Admitted in Title IX Jury Trials (Updated)

Fifteen years ago, I received what seemed like an odd request: would I be willing to serve as an expert witness in federal Title IX litigation? My perception had always been that most Title IX litigation focused on questions...more

Why Grooming is Not a Title IX-Covered Offense 

The 2020 Title IX Regulations raise the issue of predatory grooming, but only to state that it may be covered by the definition of Sexual Harassment in § 106.30 of the regulations. Thus, to the Department of Education’s...more

1P2P: The Case for Process B

ATIXA created the One Policy, Two Procedures (1P2P) Model Policy and Procedures to innovate a more comprehensive approach for Title IX and civil rights compliance for schools and colleges. ATIXA regularly updates its models...more

ATIXA’s Brief Guide to Best Practices for Addressing Fondling Allegations Under Title IX

If you are a Title IX administrator, investigator, or decision-maker, you’ve no doubt found the federal regulatory definition of the Fondling offense to be vexatious, to say the least. It’s an attempt by the Department of...more

Best Practices to Keep from 2024 Regulations

As we noted in October, “Over the past few years, there has been a significant amount of noise, confusion, and sense of whiplash in the Title IX world.” With the presidential election behind us and the courts intervening...more

2024 Title IX Regulations Compliance Series: The Regulations Are Not Retroactive

Oh no, not another blog about the Title IX Regulations! I know, how many summaries of the same thing can you read? But here’s the thing: ATIXA’s compliance series is not another summary. It is designed to highlight topics you...more

Title IX—You’ve Never Had a Regs Implementation Like This Before

The White House Office of Information and Regulatory Affairs (OIRA) completed its review of the 2024 Title IX Final Rule (Rule) last week. OCR quickly finalized it and released it to the public on April 19, 2024, with an...more

I Like Spaghetti, But Not in Title IX Hearings

A client recently asked The FAIR Center to staff a hearing panel on a complex set of allegations against a tenured faculty member. I chaired the panel along with two of the client’s panelists from their own internal pool, so...more

Preparing for the 2024 Regs: Death to the Single Investigator Model…Long Live the Single Investigator Model

The “single investigator model” describes a practice by which a single individual investigates allegations of misconduct and the same person also makes the final determination of whether policy was violated. This model became...more

Know Your Ratio of Title IX Hearing Outcomes. What Should It Be?

More and more schools are publishing Title IX annual reports (a great idea!), and as I was looking at a bunch of them recently, I saw an outlier that prompted this Tip of the Week....more

OCR Revised the Title IX Regulations Final Rule Publication Date to March 2024… Is That Date Realistic?

[Revised and updated from my previous blog post in August]. As you know, the Department of Education is empowered to craft regulations to fulfill Congress’ mandate for sex equity under Title IX. The Department (ED),...more

It Looks Like We Won’t Have Final Title IX Regulations by October 2023… Now What?

If you’re like most of us in the Title IX field, the deeply technocratic nuances of federal regulation bore you to tears. I share your ennui. Please consider this your least complicated primer on how and when we may get the...more

Don’t Let the Title IX Regs Release Date Be a Barrier to Your Barrier Analysis (Part Two): Enhancing Reporting Processes Without...

Now that we have examined the benefits of barrier analysis, let’s dive deeply into preparing your community to understand that an increase in reporting is not notably correlated with an increase in incidents....more

Don’t Let the Title IX Regs Release Date Be a Barrier to Your Barrier Analysis (Part One)

The new Title IX regulations are delayed until at least October 2023. What should your campus do proactively to prepare? Starting with the new regulations, barrier analysis will likely become a formal part of a Title IX...more

Is Hogwarts a Metaphor for Title IX Compliance?

The walls of Hogwarts don’t move, just the staircases. The walls – the superstructure – is immutable and remained (mostly) intact after Voldemort’s attack in Deathly Hallows. Liken that to the many lawsuits attacking Title IX...more

SPOO? SORP? Nope.

A senior administrator at one of our client college campuses is a 77-year-old man. We’ve received several complaints over the last couple of years because he tends to call all of the women who report to him by the reportedly...more

Death to the Single Investigator Model…Long Live the Single Investigator Model

The “single investigator model” describes a practice by which a single individual investigates allegations of misconduct and the same person also makes the final determination of whether policy was violated. This model became...more

The Intersection of Sexual Harassment and Sexual Assault - Are You Charging Respondents Correctly Under Title IX?

Recently, ATIXA published a blog on charging correctly under Title IX, with respect to the legal requirement to charge respondents with the respective applicable sexual harassment definitions from the Fair Housing Act (FHA)...more

A Rose By Any Other Name – Are You Making This Common Title IX Mistake?

You’re investigating a Title IX complaint and discover evidence of other misconduct involving the respondent. Should the Title IX Coordinator charge them with it? You’ve received a complaint that alleges both stalking and...more

Are Private K-12 Schools Subject to Title IX and Title VI by Virtue of Their Federal Tax-Exempt Status?

Are private K-12 schools subject to Title IX if they don’t directly accept federal funds? According to Senior Federal District Judge Richard D. Bennett (a Republican, appointed by George Bush), the answer is a resounding yes,...more

More Lessons Learned from Title IX Live Hearings (Part II)

Last October, I wrote a column on what my colleagues and I at TNG Consulting had learned from serving as hearing decision-makers in our first fifteen live hearings under Title IX. Since then, we’ve facilitated many more...more

You Are Not a Reasonable Person

Personally, perhaps you are. Legally, you are not. Neither am I. Why? The reasonable person (RP) does not exist. The reasonable person isn’t a person at all, but rather an idea. And it’s a fascinating idea, though...more

The 2022 ATIXA Lexicon – Can You Speak Title IX Fluently?

As a professional association, the Association of Title IX Administrators (ATIXA) has doubled in size since 2020. We have thousands of new members who have joined our community for an experience that is like drinking from a...more

Fifteen Title IX Hearings In, What Have We Learned? (Part 1)

Since the start of the spring 2021 semester, TNG’s consultants have been involved in about 15 hearings under the new 2020 Title IX regulations. We’ve served as party advisors, investigators, and decision-makers. Here is some...more

Does Stealthing Require a Special Kind of Consent Analysis Under Title IX?

If your partner says, “I’ll have sex with you, but only if we do it hanging upside down from the ceiling while howling like werewolves,” I’d suggest that if you want to have sex, start working on your howling technique. The...more

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