January 2015 | 0 Comments  Average 4 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 issue the appropriate interim measures and remedies to the complainant and sanctions to the respondent when sexual violence or harassment is reported. K-12 schools and higher education institutions are responsible for the requirements under Title IX, as interpreted by the Education Department's Office for Civil Rights (OCR). Higher education institutions must also comply with the Campus Sexual Violence Elimination (SaVE) Act. Both Title IX and the SaVE Act regulate how institutions use interim measures, remedies, and sanctions.

This checklist, part of the Title IX and Beyond series, identifies steps institutions should take once a report of sexual violence is received to protect both the victim and the broader student body. It addresses:

  • Which interim measures and remedies are mandated rather than optional
  • Items that must be included in the campus policy
  • Required items in the investigation's final outcome
  • Common challenges institutions face in implementing the appropriate interim measures and remedies and potential solutions

An appendix to the piece features a sample notice of interim measures available to victims.

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