February 2015 | 0 Comments  Average 5 out of 5

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On Nov. 16, 2018, the U.S. Department of Education (ED) released proposed regulations related to Title IX that will govern how educational institutions conduct inquiries into allegations of sex discrimination, including sexual misconduct. For a summary of key changes in the new regulations and UE recommendations, please see our Insights blog.
Once ED publishes the regulations in the Federal Register, a 60-day notice and comment period will follow. ED will then review submitted comments and publish the final regulations. Because of the expected high volume of comments and anticipated court challenges, it may be a considerable time before ED implements the regulations.
In the interim, institutions can use the resources below and our summary publication for suggestions on preventing and responding to campus sexual misconduct. However, institutions should first consult with legal counsel before making any changes to their policies or practices.

About This Resource

Educational institutions face myriad federal compliance requirements for preventing and responding to sexual violence. For example, higher education must contend with the Campus Sexual Violence Elimination (SaVE) Act, part of the 2013 reauthorization of the Violence Against Women Act. In addition, higher education and K-12 schools that receive federal funding must comply with Title IX, as interpreted by sometimes confusing authoritative “guidance” issued the Office for Civil Rights (OCR) within the Department of Education. Also, this year a new White House task force on student sexual assault released additional recommendations for institutions.

This new set of frequently asked questions (FAQs) gives members an overview of the current federal landscape, summarizes the varying major requirements of the laws and OCR’s guidance, and offers UE’s compliance recommendations. It also notes that further changes that could add additional compliance burdens are likely in the near future.

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