Virtual Training Solutions: T&H Title IX Sexual Harassment Training for K-12 Schools

Join Thompson & Horton’s experienced Title IX attorneys for a series of training sessions that will bring your K-12 Title IX sexual harassment team members, including coordinators, investigators, decision-makers, appellate decision-makers, and informal resolution facilitators, into compliance with the current Title IX sexual harassment regulations. These sessions are geared toward the K-12 Title IX professional who wants to brush up on the basics and then put that knowledge to the test with fast-paced, real-world exercises. Thompson & Horton’s Title IX sexual harassment training sessions provide the most up-to-date understanding of Title IX compliance in an engaging format.

Register for one or more of our K-12 training sessions here.

Thompson & Horton is pleased to offer the following sessions virtually via Zoom:

K-12 Title IX Investigator Foundations & Practicum
October 11, 2022, 9:00 a.m. – 4:30 p.m.

K-12 Title IX Coordinator Foundations & Practicum
November 1, 2022 9:00 a.m. – 4:30 p.m.

K-12 Title IX Decision-Maker Foundations & Practicum
November 15, 2022 9:00 a.m. – 4:30 p.m.

K-12 Title IX Appeals Foundations & Practicum
December 6, 2022 9:00 a.m. – 12:30 p.m.

K-12 Title IX Informal Resolution & Practicum
December 6, 2022 1:00 p.m. – 4:30 p.m.

(All times are in Central Time.)

Keep reading for session descriptions and to register.

Virtual Training Solutions: T&H Title IX Sexual Harassment Training for Colleges and Universities

Join Thompson & Horton’s experienced Title IX attorneys for a series of training sessions that will bring your college or university’s Title IX sexual harassment team members, including coordinators, investigators, decision-makers, appellate decision-makers, and informal resolution facilitators, into compliance with the current Title IX sexual harassment regulations. These sessions are geared toward the college or university Title IX professional who wants to brush up on the basics and then put that knowledge to the test with fast-paced, real-world exercises. Thompson & Horton’s Title IX sexual harassment training sessions provide the most up-to-date understanding of Title IX compliance in an engaging format.

Register for one or more of our higher education training sessions here.

Thompson & Horton is pleased to offer the following sessions virtually via Zoom:

Higher Ed Title IX Investigator Foundations & Practicum
October 13, 2022, 9:00 a.m. – 4:30 p.m.

Higher Ed Title IX Coordinator Foundations & Practicum
November 3, 2022 9:00 a.m. – 4:30 p.m.

Higher Ed Title IX Decision-Maker Foundations & Practicum
November 17, 2022 9:00 a.m. – 4:30 p.m.

Higher Ed Title IX Appeals Foundations & Practicum
December 8, 2022 9:00 a.m. – 12:30 p.m.

Higher Ed Title IX Informal Resolution & Practicum
December 8, 2022 1:00 p.m. – 4:30 p.m.

(All times are in Central Time.)

Keep reading for session descriptions and to register.

DOs and DON’Ts for K-12 Building Administrators for Reports of Sexual Harassment

By Thompson & Horton’s Title IX Team

The 2020 Title IX Rules provide detailed training requirements for school district personnel who serve in formal roles in the Title IX grievance process, including the Title IX Coordinator, investigators, decisionmakers, appeal officers, and informal resolution facilitators. In their efforts to ensure all designated Title IX personnel are trained, schools may overlook the need to educate and train K-12 campus personnel—especially principals, assistant principals, counselors, and teachers—about the rules of the road when it comes to responding to allegations of sex-based misconduct, including harassment in schools.

K-12 campus employees are often the first to learn about allegations of sex-based misconduct at their schools. To their credit, building administrators usually work quickly to address problems at their campus. In some instances, campus administrators have already investigated allegations of sex-based misconduct and taken disciplinary action before the Title IX Coordinator is ever called. Although a proactive response to reported misconduct is laudable in many cases, in the context of a school’s Title IX obligations these actions can be the basis of an OCR complaint or other Title IX dispute.

Campus personnel at K-12 schools need to know what they should do and what they should not do when they learn or receive a report about potential sex-based misconduct, including harassment, at their schools. Here are some DOs and DON’Ts to get this essential conversation started. You can also use this convenient flyer to drive home these important tips. We recommend having copies on hand for campus personnel, including principals, assistant principals, counselors, and teachers, so that they can refer to it whenever they receive information about alleged sex-based misconduct at their schools.

Does Title IX Apply to Tax-Exempt Private Schools? Two Courts Say Yes

By Leila Gary, Jackie Gharapour Wernz, & Leah Northener

It’s well established that Title IX applies only to entities that receive federal financial assistance, which traditionally has been interpreted to apply to a school’s actual receipt of federal money, such as special education funds. Two recent decisions from federal courts in  Maryland and California have turned this traditional understanding on its head, holding that a school’s tax-exempt status under the federal tax code is the functional equivalent of receiving funds. What do these decisions mean for tax-exempt private and independent schools?    

The Maryland case, Buettner-Hartsoe v. Baltimore Lutheran High School Association, involved a private, independent, religiously-affiliated school that was sued for damages under Title IX. The school argued that it was not subject to Title IX because the events at issue occurred before it accepted a federal PPP loan and had not otherwise accepted federal funds. The former students argued that the school was subject to Title IX because it received a federal tax exemption as a 501(c)(3) non-profit organization. The judge agreed, finding that an organization’s tax exemption under 501(c)(3) of the Internal Revenue Code is akin to a “Congressional subsidy and the equivalent of a cash grant” from the federal government. 

Nine Things to Know About the 2022 Proposed Title IX Rules 

By Jackie Gharapour Wernz

On the Fiftieth anniversary of Title IX of the Education Amendments of 1972, the U.S. Department of Education released proposed amendments to the Title IX regulations. The rules are just a proposal—don’t go throwing out your current copy of the 2020 regs just yet! The earliest they will become effective would be in time for the 2023–2024 school year. When they do, they likely will include some changes from the proposed version.   

However, because the final rules that become effective likely will be similar to those proposed, it makes sense to familiarize yourself with them now. If you haven’t already, watch the Thompson & Horton free on-demand webinar, Title IX Double Take: A Side-by-Side Comparison of the Current and Proposed Title IX Rules, which provides a fast-paced and thorough side-by-side comparison between the current and proposed rules.

Keep reading here for a quick rundown of the nine top changes in the proposed rules!  

Biden OCR Issues Proposed Title IX Rule Drastically Changing Title IX Process for Schools on 50th Anniversary of Title IX

By Jackie Gharapour Wernz & Holly McIntush

The long awaited proposed Title IX regulation from the Biden administration’s U.S. Department of Education was released today, on the 50th anniversary of Title IX. You can find the proposed rule here. As expected, the proposed rule includes provisions that, if they become law, would drastically change the process schools, colleges, and universities use to address Title IX sexual harassment reports. The current process is from the Trump administration’s Title IX rule, which has been in effect for less than two years. Among other things, the proposed rule would grant explicit legal protections to LGBTQI+ students, replace the “severe, pervasive, and objectively offensive” definition for a hostile environment with a lower “severe or pervasive” standard, and remove the requirement that a formal complaint be signed or filed to initiate the complaint process.