Last week marked President Trump’s 100th day in office for his second term. As we have reported over the course of the past few months, the first 100 days of the second Trump administration have been active, with many new...more
5/5/2025
/ Constitutional Challenges ,
Department of Education ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Employer Responsibilities ,
Employment Discrimination ,
Enforcement Actions ,
Executive Orders ,
Government Agencies ,
NLRB ,
Regulatory Reform ,
Title IX ,
Trump Administration ,
Universities
We took the week off from our Week in Review alert last week as it was a (relatively) slow week. However, as it tends to happen after a slow week, developments picked back up this week....more
On January 20, 2025, one of President Trump’s first actions as the president of the United States was signing an Executive Order proclaiming that the U.S. government only recognizes two sexes: male and female. The order goes...more
1/22/2025
/ Anti-Discrimination Policies ,
Civil Rights Act ,
Department of Education ,
Discrimination ,
Equal Protection ,
Executive Orders ,
Gender Identity ,
Harassment ,
LGBTQ ,
Sex Discrimination ,
Title IX
On Thursday, January 9, 2025, Judge John C. Reeves of the Eastern District of Kentucky issued an opinion and order vacating the Final Rule that implemented the 2024 Title IX Regulations. The decision by Judge Reeves has the...more
We are nearly at the one-month mark with the 2024 Title IX Regulations in effect. Since the August 1 implementation date, school administrators have been busy getting trained, preparing for the school year ahead, and sorting...more
8/30/2024
/ Educational Institutions ,
Grievance Process ,
New Regulations ,
Regulatory Requirements ,
Sex Discrimination ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX ,
Training Requirements
Schools throughout the country are preparing to implement the U.S. Department of Education Office for Civil Rights’ (“OCR”) long-awaited final 2024 Title IX regulations. These new regulations, which replace the 2020...more
8/2/2024
/ Anti-Discrimination Policies ,
Colleges ,
Department of Education ,
Discrimination ,
Educational Institutions ,
Illinois ,
LGBTQ ,
New Regulations ,
OCR ,
School Districts ,
Sex Discrimination ,
Title IX ,
Universities
Earlier this morning, the Department of Education Office for Civil Rights released its long-awaited final Title IX regulations on sexual harassment. These new regulations, which replace the 2020 rules, will take effect on...more
As we discussed in a previous alert, the Biden administration recently released its proposed Title IX regulations. Today, the administration published the proposed regulations in the Federal Register, beginning the 60-day...more
7/12/2022
/ Biden Administration ,
Comment Period ,
Department of Education ,
Educational Institutions ,
Gender-Based Violence ,
Regulatory Agenda ,
Regulatory Reform ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX
This week, we celebrate the 50th anniversary of Title IX, the landmark legislation signed into law on June 23 as part of the Education Amendments of 1972. Consisting of a mere 37 words—“No person in the United States shall,...more
Earlier this year, we launched a multi-part series where we provide a refresher on the key players on the Title IX team under the current 2020 regulations. While we wait for the Biden administration to release their proposed...more
In a highly anticipated decision earlier this month, OCR reaffirmed the broad discretion that religious institutions may have under the religious exemption in Title IX. ...more
2/22/2022
/ Dismissals ,
Educational Institutions ,
Gender Identity ,
LGBTQ ,
OCR ,
Religious Exemption ,
Religious Institutions ,
Religious Schools ,
Same-Sex Harassment ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Title IX
In January, the U.S. Court of Appeals for the Third Circuit affirmed that Title IX provides adequate notice to federal funding recipients of their responsibility to respond to known sexual harassment if they have control over...more
2/22/2022
/ Appeals ,
Disciplinary Proceedings ,
Educational Institutions ,
Gender-Based Violence ,
Regulatory Requirements ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Third-Party ,
Title IX
As we noted in our last blog post, the Biden administration recently announced plans to propose amendments to the Title IX regulations by April 2022. While this deadline is fast approaching, before you start thinking about...more
2/8/2022
/ Biden Administration ,
Compliance Management Systems ,
Disciplinary Proceedings ,
Education Reform ,
Educational Institutions ,
Employee Training ,
Proposed Amendments ,
Regulatory Agenda ,
Regulatory Requirements ,
School Safety ,
Sex Discrimination ,
Sexual Assault ,
Sexual Harassment ,
Students ,
Title IX ,
Title IX Coordinator
As a presidential candidate, now-President Biden promised that he would put a “quick end” to the Trump administration’s 2020 Title IX rules. Aiming to keep that promise, the Department of Education announced its intention to...more
12/14/2021
/ Biden Administration ,
Department of Education ,
Disciplinary Proceedings ,
Educational Institutions ,
Gender-Based Violence ,
Rape ,
Regulatory Reform ,
Regulatory Requirements ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX
Live hearings—the hallmark procedure and one of the most substantial changes under the 2020 Title IX regulations for higher education institutions—may be a thing of the past. This a possible result of the end of the...more
Tuesday, the U.S. Department of Education’s Office for Civil Rights (OCR) issued new, anticipated guidance concerning the Department’s current regulations related to sexual harassment. The guidance, titled Questions and...more
This week, the U.S. Supreme Court declined to review a decision allowing transgender high school students to use bathrooms and locker rooms consistent with their gender identities. The High Court’s rebuff means the lower...more
12/10/2020
/ Bostock v Clayton County Georgia ,
Denial of Certiorari ,
Educational Institutions ,
Gender Identity ,
LGBTQ ,
School Restrooms ,
SCOTUS ,
Sexual Orientation Discrimination ,
Students ,
Title IX ,
Transgender
Recently, the U.S. Department of Education (ED) replaced the 2016 Clery Act Handbook (Handbook) with the new Clery Act Appendix for FSA Handbook (Appendix). The Appendix rescinds previous ED guidance interpreting Clery Act...more
As you are all well aware by now, the U.S. Department of Education recently issued its final Title IX regulations. While we continue to wade through the over 2,000-page document issued by the ED (consisting of the new...more
5/21/2020
/ Colleges ,
Department of Education ,
Disciplinary Proceedings ,
Educational Institutions ,
Gender-Based Violence ,
Non-Discrimination Rules ,
OCR ,
Regulatory Requirements ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX ,
Training Requirements ,
Universities
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...more
5/20/2020
/ Colleges ,
Department of Education ,
Disciplinary Proceedings ,
Educational Institutions ,
Gender-Based Violence ,
OCR ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX ,
Universities
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,...more
5/8/2020
/ Colleges ,
Department of Education ,
Deregulation ,
Disciplinary Proceedings ,
Educational Institutions ,
Gender-Based Violence ,
OCR ,
Regulatory Oversight ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX ,
Universities
While Illinois schools—and schools across the country—remain closed due to concerns about the spread of COVID-19, keep in mind that schools currently are not relieved from their obligations under Title IX or other civil...more
Cyberbullying is nothing new. A majority of teens have experienced the phenomenon and college campuses certainly are not immune. Just because something is common does not make it simple to deal with, however. And this is...more
3/3/2020
/ #MeToo ,
Anti-Harassment Policies ,
Cyberbullying ,
Disciplinary Proceedings ,
Due Process ,
Educational Institutions ,
First Amendment ,
Gender-Based Violence ,
Harassment ,
Internet Privacy ,
OCR ,
Online Platforms ,
Online Safety for Children ,
Risk Management ,
Sexual Harassment ,
Social Media ,
Social Networks ,
Students ,
Title IX
The Title IX world is abuzz with expectation about the release of regulations from the U.S. Department of Education’s Office for Civil Rights. The general consensus is that even if the Department makes some changes based on...more
12/10/2019
/ Clery Act ,
Colleges ,
Department of Education ,
Disciplinary Proceedings ,
Educational Institutions ,
Failure to Comply ,
Gender-Based Violence ,
Proposed Rules ,
Rulemaking Process ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Statutory Violations ,
Students ,
Title IX ,
Universities ,
VAWA
With the start of the school year well underway and the many things to remember and think about that come with it, it can be easy to forget some of the most essential elements of Title IX compliance. For example, when is the...more