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;
David M. Palko also contributed to this article.