March 16, 2023 | Title IX
On June 22, 2022, the Biden Administration released the proposed changes to the Title IX Regulations for public comment. The release date coincided with the 50th anniversary of Title IX.
The public had 60 days to comment on the proposed changes. As of the September 12, 2022, deadline, over 238,000 comments were submitted.
The next step is for the Department of Education Office of Civil Rights (OCR) to review the public comments. Then, the OCR drafts a final rule to publish in the Federal Register.
The timeline for the final rule is uncertain. However, it took 18 months to release the Trump Administration’s final Title IX rule after the period for public comments closed.
What Is Title IX, and How Does It Impact Schools, Colleges, and Educational Institutions?
Title IX applies to schools, educational agencies, and other institutions that receive financial assistance from the U.S. Department of Education. Examples of institutions that receive federal funds and are covered by Title IX include, but are not limited to:
- Local school districts
- Colleges and universities
- Charter schools
- Vocational schools
- For-profit schools
Title IX requires any agency or institution receiving federal funds to operate in a nondiscriminatory manner regarding sex, sexual orientation, and gender identity. The law prohibits institutions from discriminating based on a person’s sex. It also requires the institutions to provide reasonable protection from sexual violence, abuse, and harassment for students, staff, and other individuals on campus.
The OCR enforces Title IX regulations and resolves complaints filed by victims of sex discrimination. The OCR also provides assistance and information to agencies and institutions to help them comply with the regulations.
What Are the Proposed Changes to the Title IX Regulations?
The proposed changes to Title IX aim to provide full protection for all teachers, employees, and students from all forms of sex discrimination, sexual violence, and sex-based harassment. Key changes being proposed include, but are not limited to:
- Replace the current standard of sex-based harassment with the broader standard of “severe or pervasive.”
- Require institutions to provide support for employees and students impacted by any type of sex discrimination, including sexual harassment.
- Clarify that Title IX protects against discrimination based on sex for gender identity, sexual orientation, and sex characteristics.
- Make a live hearing and cross-examination requirements optional.
- Expand the rights of pregnant employees and students with pregnancy-related conditions.
- Require institutions to respond to off-campus conduct when the respondent is a representative of the institution or is engaged in conduct controlled by the institution.
- Expand a parent’s or guardian’s right to act on behalf of a student.
- Require institutions to respond promptly to all complaints of sex discrimination using a reliable and fair process.
The proposed changes could affect numerous complaints filed under Title IX each year. A Dayton Title IX defense lawyer can provide additional information about the changes related to your specific case during a free, confidential consultation.
What Defenses Are Available for Allegations of Title IX Misconduct?
Facing a Title IX complaint is stressful and frightening. A student could be suspended or expelled from school. They could lose their college scholarships and other financial awards if that happens.
An employee, teacher, or staff member could be fired during the disciplinary process. Being fired for a Title IX violation could negatively impact a person’s career and future job prospects.
The best way to protect yourself is to discuss your case with a Dayton Title IX attorney. A lawyer explains your rights and options for defending yourself. The lawyer investigates the allegations and prepares a defense strategy based on the facts of the case.
Potential defenses to a Title IX complaint include:
- The allegations in the complaint are false because the complainant had a motive to fabricate the allegations.
- You have an alibi for the date and time of the alleged sexual misconduct.
- The sexual relationship with the complainant was consensual.
- The institution did not follow its Title IX procedures to investigate the complaint.
- There is insufficient evidence to support the alleged harassment or sexual assault.
If the hearing board determines you committed the misconduct alleged in the complaint, it will determine the disciplinary action to take. You can appeal the decision if you believe the hearing board unfairly found you committed sexual misconduct.
Getting an attorney involved as soon as possible helps your case. Avoid making statements and do not agree to recorded conversations.
Also, do not discuss the allegations or the case with anyone other than your lawyer. Your attorney provides additional guidance about protecting yourself and improving your chances of winning a Title IX case.
Contact the Dayton Title IX Attorneys at Suhre & Associates, LLC For Help Today
Suhre & Associates, LLC – Dayton
130 West Second Street #17-129
Dayton, OH 45402