Title IX and Beyond: Revising Nondiscrimination Policies and Grievance Procedures

July 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 must publish nondiscrimination policies and grievance policies on student sexual violence and harassment in accordance with federal compliance requirements. K-12 schools and higher education institutions are responsible for the requirements under Title IX, as interpreted by the Office for Civil Rights (OCR). In the past few years OCR has released two significant guidance documents on Title IX, the “Dear Colleague” letter (DCL) in April 2011, and “Questions and Answers on Title IX and Sexual Violence” (Q&A) in April 2014. Higher education institutions must also comply with the Campus Sexual Violence Elimination (SaVE) Act, part of the 2013 reauthorization of the Violence Against Women Act.

This resource, part of UE’s Title IX and Beyond series, covers the topics educational institutions should address when reviewing and revising their nondiscrimination policies and grievance procedures on student sexual violence and harassment. It notes requirements that are explicitly discussed in the DCL, the Q&A, or the SaVE Act, and also includes UE’s recommended practices. It also provides guidance for members to develop and publicize the institution’s policies or procedures.

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