Title IX Draft Policy Without Hearings

The secretary of education and the Office for Civil Rights have issued new regulations that were developed to ensure due process rights for students who report sexual harassment and for those accused of it.  Under the federal rules, “sexual harassment” includes conduct on the basis of sex that satisfies one or more of the following categories; quid pro quo sexual harassment, hostile environments; sexual assault, dating violence, domestic violence, and stalking.  A recent Supreme Court decision that could impact this policy defined “sex” to include sexual orientation and gender identity discrimination.

There are provisions specifically stated in the regulations that must now be in the school policy.  Schools need to review their current policies and ensure they are substantially in compliance with this draft policy to ensure they are prepared to prevent, respond to, investigate, and address sexual harassment.