This week, the United States Department of Education (DOE) announced a new Title IX enforcement initiative led by the DOE’s Office for Civil Rights (OCR) to combat the rise of sexual harassment, sexual assault, sexual misconduct, and sexual violence incidents occurring in elementary and secondary (K-12) public schools involving both student-on-student and staff-on-student incidents.

OCR is an enforcement arm of the United States Department of Education which enforces a number of civil rights laws in programs or activities that receive federal financial assistance. “Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C §§ 1681 et seq., prohibits discrimination on the basis of sex in education programs and activities operated by recipients of federal financial assistance. Title IX’s prohibition of discrimination includes sexual harassment and assault, which interferes with students’ rights to receive an education free from discrimination on the basis of sex.” [1]
Continue Reading New Title IX Enforcement Initiative to Address Sexual Misconduct in K-12 Public Schools

In November 2018, the U.S. Department of Education (DOE) proposed new Title IX regulations concerning sexual harassment, including sexual assault, and received over 100,000 comments during the public comment period. As of today, the regulations have not been finalized. However, four congresspersons recently introduced legislation in the House of Representatives that would prohibit implementation of

Fall is here and in full swing! Many of us thought that as we sipped hot apple cider and watched the leaves on the trees change color, we would also be mulling over the new regulations issued by the U.S. Department of Education. Betsy DeVos’ timetable is clearly not ours. While we wait for the regulations to be issued, let us look at our current Title IX investigations and what we can do to improve them. Here they are—the top ten pitfalls of Title IX investigations and how to avoid them:

Continue Reading Top Ten Pitfalls of Title IX Investigations and How to Avoid Them