On May 6, 2020, the U.S. Department of Education, Office for Civil Rights (“OCR”) released its Final Rule, which amends existing Title IX. The Final Rule, which encompasses both the amended regulations and accompanying commentary, exceed 2,000 pages, and are scheduled to take effect on August 14, 2020. The regulations bring sweeping changes to how educational institutions address, investigate, and adjudicate allegations of sexual harassment occurring within their programs and activities. These changes include jurisdictional changes based on the definition of sexual harassment and of educational programs and activities in the Final Rule. The amended regulations will require significant revisions to existing policies and administrative guidelines, and necessitate staff training prior to the start of the 2020-2021 school year.
The amended Title IX regulations go into effect on August 14, 2020. If you have any questions concerning the Final Rule related to Title IX and educational institutions’ responsibilities with respect to addressing allegations of sexual harassment, you should contact legal counsel.
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Authors: Matthew John Markling and the McGown & Markling Team.
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.