Page 4 - Title_IX_Toolkit

NEW TITLE IX REGULATIONS ISSUED BY

THE DEPARTMENT OF EDUCATION TAKE
EFFECT AUGUST 14, 2020

FIRM OVERVIEW On May 6, 2020, the United States Department of Education (DOE) issued much-

Practice Areas anticipated Regulations (Regulations) addressing how schools and colleges (referred to as
Recipients) must respond to claims of sexual harassment covered by Title IX of the
Administrative Hearings
Charter School Education Amendments of 1972 (Title IX). Title IX is the federal law which prohibits
Community College discrimination on the basis of sex in educational settings. The Regulations make significant
Facilities & Business changes to current requirements and practices and require compliance by August 14, 2020.
Governance
Investigations Some of the most notable changes imposed by the Regulations are detailed below.
Labor & Employment
Litigation SEXUAL HARASSMENT IS NARROWLY DEFINED
Municipal
Public Finance Sexual harassment is now narrowly defined to mean conduct on the basis of sex that
Special Education satisfies one or more of the following:
Student
Title IX
1. Any employee of the Recipient conditioning the provision of an aid, benefit, or service of
Statewide the Recipient on an individual’s participation in unwelcome sexual conduct;
2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and
Sacramento
Walnut Creek objectively offensive that it denies a person equal access to the Recipient’s educational
Fresno program; or
Monterey 3. Sexual assault (as defined in the Clery Act (20 U.S.C. § 1092(f)(6)(A)(v)), or dating violence,
Bakersfield
San Luis Obispo domestic violence, or stalking (as defined in the Violence Against Women Act (20 U.S.C.
Los Angeles § 12291(a)).
San Diego
A SINGLE INVESTIGATOR/DECISION-MAKER MODEL IS PROHIBITED
The Regulations clearly provide that the decision-maker, or the person(s) responsible for
determining responsibility, cannot be the same person as the Title IX Coordinator or the
investigator. Moreover, in the event of an appeal, the appellate decision-maker cannot be
the same person who served as the Title IX Coordinator, investigator, or decision-maker
making the original determination. Among other things, the decision-maker must also
issue a written determination regarding responsibility in accordance with the Regulations
at section 106.45(b)(7).
Authors
DISCLOSURE OF EVIDENCE
As part of the formal grievance process, detailed within section 106.45 of the Regulations,
both parties and their advisors must be given the opportunity to inspect, review, and
respond to all evidence that is directly related to the allegations in the formal complaint,
before the investigator completes the investigation report. Additionally, the final
Michelle L. Cannon
mcannon@lozanosmith.com investigative report must be provided to the parties and their advisors at least 10 days
before any hearing, if there is one.

LIVE HEARINGS ARE REQUIRED FOR POSTSECONDARY RECIPIENTS
Post-secondary Recipients must have live hearings that permit the cross-examination of
the involved parties and witnesses. Cross-examination must be conducted by the advisor,
Sarah E. Fama
sfama@lozanosmith.com

New Title IX Regulations Overview LozanoSmith.com 4