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U.S. Department of Education Revises Title IX Guidance and Enforcement

Today, September 22, 2017, the U.S. Department of Education (“DOE”) issued its “September 2017 Questions and Answers on Campus Sexual Misconduct” which can be read by clicking here and answers the following twelve questions:

  1. What is the nature of a school’s responsibility to address sexual misconduct?
  2. What is the Clery Act and how does it relate to a school’s obligations under Title IX?
  3. What are interim measures and is a school required to provide such measures?
  4. What are the school’s obligations with regard to complaints of sexual misconduct?
  5. What time frame constitutes a “prompt” investigation?
  6. What constitutes an “equitable” investigation?
  7. After a Title IX complaint has been opened for investigation, may a school facilitate an informal resolution of the complaint?
  8. What procedures should a school follow to adjudicate a finding of responsibility for sexual misconduct?
  9. What procedures should a school follow to impose a disciplinary sanction against a student found responsible for a sexual misconduct violation?
  10. What information should be provided to the parties to notify them of the outcome?
  11. How may a school offer the right to appeal the decision on responsibility and/or any disciplinary decision?
  12. In light of the rescission of OCR’s 2011 Dear Colleague Letter and 2014 Questions & Answers guidance, are existing resolution agreements between OCR and schools still binding?

The answer to Question No. 12 is in response to the fact that the DOE also announced that it is withdrawing the “April 2011 Dear Colleague Letter” (which can be read by clicking here) and the “April 2014 Questions and Answers on Title IX and Sexual Violence” (which can be read by clicking here).

Authors: Matthew John Markling and Patrick Vrobel

Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.


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