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
1/6/2025
/ Colleges ,
Educational Institutions ,
Pregnancy ,
Risk Assessment ,
School Districts ,
Sex Discrimination ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX ,
Universities
Professionalism, Proficiency, and Confidence -
In the Title IX field, federal regulations tend to drive the training discussion. They should not. In conversations on the ATIXA member listserv, we frequently encounter...more
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
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
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
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
[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
12/12/2023
/ Department of Education ,
Disciplinary Proceedings ,
Educational Institutions ,
Gender-Based Violence ,
OCR ,
OIRA ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Rulemaking Process ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX
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
8/30/2023
/ Department of Education ,
Educational Institutions ,
Gender-Based Violence ,
OCR ,
OIRA ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX
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
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
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
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
Race is always important, even when sex discrimination is the main focus of a complaint. To effectively implement a Title IX resolution process, Title IX administrators must be cognizant of the intersectionality of race and...more
The Title IX risk management space is complex and ever-changing. As such, TNG and ATIXA continue to leverage a non-linear approach to problem-solving to provide the best possible outcomes for our clients and members....more
Dear Brett:
My school needs an external civil rights investigation. We received quotes from a number of firms, and the per-hour cost varied by more than $200 over the various provider quotes. Can you help us understand...more
The following Q&A is reprised from a recent conversation with a client.
Q: Dear Brett, I have a Title IX complaint where the complainant has produced evidence, in the form of text messages, in which the respondent admits...more
Since the 2020 Title IX regulations have taken effect, colleges all across the U.S. are scrambling to find advisors to accompany the parties through the formal resolution process. While many colleges and universities elect to...more
1/25/2021
/ Administrative Hearings ,
Colleges ,
Disciplinary Proceedings ,
Educational Institutions ,
Evidence ,
Gender-Based Violence ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX ,
Universities
A recent three-part series “Important Things to Get Right About the Neurobiology of Trauma” released by the organization EVAW-I has interesting implications for training sexual assault investigators. Specifically, the second...more
A little more than ten 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...more
11/23/2020
/ Disciplinary Proceedings ,
Educational Institutions ,
Expert Witness ,
Gender-Based Violence ,
Litigation Strategies ,
Regulatory Requirements ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX
It has been a week! We now know that Joe Biden is the President-Elect of the United States of America. There will still be some legal wrangling, and nothing is set in stone until the electors vote in December. But, assuming...more
11/9/2020
/ Biden Administration ,
Disciplinary Proceedings ,
Educational Institutions ,
Gender-Based Violence ,
OCR ,
Regulatory Reform ,
Regulatory Requirements ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX