May 23, 2022

Volume XII, Number 143

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May 20, 2022

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Lessons Learned in the First Year of the 2020 Title IX Regulations

This time last year, most colleges and universities had just launched new, 2020 regulations-compliant Title IX policy, all while preparing to start a second semester disrupted by a global pandemic.  In the year that has passed, students have (largely) returned to campuses, and a new administration has moved into the White House. The Department of Education signaled its intention to review and revise the 2020 Title IX Regulations, and then it issued a new Q&A demonstrating that it intends to enforce those regulations as written (for now). OCR clarified, however, that (in contrast to the prior administration’s position) it is the Department’s position that Title IX prohibits discrimination against gay and transgender students. One court has ruled that a school should have applied the due process protections of the 2020 regulations to Title IX conduct which occurred prior to the effective date of the new regulations, and yet another recently ruled that one of those due process provisions (the exclusion of statements not subject to cross-examination) is arbitrary and capricious

In a year that has left many colleges and universities’ Title IX teams with more questions than answers, we’ve used the one-year anniversary of the 2020 regulations as an opportunity to reflect on one question: What have we learned? 

In the coming weeks, follow along as we discuss lessons learned in the first year of the 2020 Title IX regulations. Our team will be providing best practices and lessons learned on key aspects of Title IX practice, including:

  • Trends in Title IX litigation; 

  • How to prepare for Title IX hearings;

  • Appointed advisors and cross-examination; 

  • And more!

David M. Palko also contributed to this article.

Copyright © 2022 Womble Bond Dickinson (US) LLP All Rights Reserved.National Law Review, Volume XI, Number 229
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About this Author

Beth Tyner Jones Partner Womble Bond Dickinson (US) LLP
Partner

Beth is a leader of the firm’s Education and School Law Team, head of its Employment and Pensions Service Team and Managing Partner of the Research Triangle Park and Raleigh, NC offices. She builds upon her experience as an HR professional, in-house employment lawyer and a college faculty member to defend employers and serve as a trusted adviser to educational institutions.

As outside general counsel to colleges and universities, Beth advises on compliance, policy and liability matters affecting campuses including student unrest on campus,...

919-755-8177
Partner

Stephen Vaughan focuses his practice on higher education, employment advice and litigation, and internal investigations. He advises colleges and universities nationwide on a broad range of legal and compliance matters, including those relating to Title IX, the Clery Act, the Violence Against Women Reauthorization Act, the Family Educational Rights and Privacy Act (FERPA), student affairs, campus organizations, faculty, and employment law. Stephen has also worked with higher education associations in responding to state and federal policymaking.

...

202-857-4585
Benita N. Jones Education and Student Issues Attorney North Carolina
Of Counsel

A member of the firm’s Education and School Law Team, Benita Jones has extensive experience providing legal support and counsel to educational institutions on a broad array of state and federal legal issues including Title IX, VII, Americans with Disabilities Act, constitutional law, contract law, tort law, policy development and governance, employment law, and student legal issues. She has worked collaboratively on litigation matters with the North Carolina Attorney General’s Office and attorneys from the UNC System Office. 

Immediately prior...

919.484.2349
LaKeishia Banks Business Litigation Labor Employment Attorney Winston-Salem Womble Bond Dickinson
Associate

LaKeshia is an associate in the Business Litigation group who focuses her practice on labor and employment and education matters. LaKeshia provides support and advice to clients on a range of employment issues involving discrimination, harassment and retaliation claims under federal and state law including Title VII and to colleges and universities on matters involving Title IX and sexual misconduct. Additionally, LaKeshia works with clients to develop agreements, handbooks and policies that are in compliance with applicable law.

Prior to...

336-721-3661
Rebecca Fleishman, Womble Carlyle Law Firm, Raleigh, Education and Employment Attorney
Associate

Rebecca Fleishman practices in the areas of education and employment law, representing and advising institutions of higher education, public charter schools, and corporations in litigation and day-to-day compliance. She counsels clients in employment, student, and policy matters and draws on her experience as a federal judicial clerk and staff attorney to guide and advocate for clients through all stages of litigation.

Prior to joining Womble Carlyle, Rebecca represented public school systems in student and employment matters...

919-755-2176
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