The new Title IX rules issued by the U.S. Department of Education (the “Department”) in May become effective on August 14, 2020, just one month from now. Even though the new rules are facing several legal challenges, the effective date as of today has not changed, and the Department has indicated that it intends to implement the new rules as announced. Therefore, it is important that institutions act now to revise their policies and take other steps necessary to be in compliance by August 14.
We issued a Client Alert on June 9, 2020, that discussed the new rules and requirements and that outlined a number of issues for institutions to consider as they develop their new policies. The Department also issued a summary of major provisions of the new rules.
Under the new rules, each postsecondary institution needs to take a number of actions, including:
- ensuring that the nondiscrimination policy and Title IX grievance procedures are written and published where required;
- identifying one or more persons as the Title IX Coordinator;
- publishing contact information for the Title IX Coordinator, including on the institution’s webpage;
- updating policies and procedures, including new requirements and timelines for receiving and handling reports of sexual harassment, conducting investigations when formal complaints are filed, establishing procedures for live hearings and appeals, and maintaining appropriate records;
- ensuring that personnel are trained regarding handling, investigating and adjudicating allegations of sexual harassment; and
- posting the training materials on the institution’s webpage.
We have helped institutions develop their Title IX policies and procedures to comply with the new requirements. Please let us know if there is anything we can do to assist you.
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