It’s Summer! But Wait… What About Those Title IX Cases?

Summertime usually brings a well-earned break for educational administrators. But for Title IX coordinators and other Title IX team members, summer break can bring a whole new headache. Now that parties and witnesses have left campus for the summer, what do you do with that pile of Title IX cases on your desk? Perhaps some parties have even graduated or are not returning to your educational institution again. And what about that report that rolled in during the last week of school? Here are a few tips for preventing Title IX from ruining your summer.

Instas, Snaps, Yik Yaks, and Sex: When Is a Post Title IX Sexual Harassment?

The issue comes up all too frequently—a student shows up to an administrator’s office to report that they found something terrible about them online. Sometimes it’s sexually harassing language and bullying. Or it’s a person sharing photos or videos of their ex online after a breakup. Or, on the other end of the spectrum, perhaps it’s an account on which people can anonymously “expose” accused perpetrators of sexual harassment, including sexual violence and assault—and the alleged perpetrators report that it’s just not true. How do educational leaders distinguish between sexual harassment and more benign activity on Instagram, Snapchat, (the newly reemerging) Yik Yak, and the like?

OCR Blog Post Stands By May 2022 Date for New Rules

On October 8, 2021, the U.S. Department of Education issued a blog post, “Our Commitment to Education Environments Free from Sex-Based Harassment, Including Sexual Violence.” The blog post comes on the heels of meetings between the administration and at least one advocacy group asking the administration to move more quickly on new Title IX regulations. OCR declined, standing by its plan to issue new proposed regulations in May 2022.

Hit the Brakes: Stop, Drop, and Title IX When You Hear “Sex”

We have been living with the 2020 Title IX regulations for well over a year, but some basics continue to trip us up. One of the biggest for primary and secondary schools is helping building-level administrators remember to hit the brakes when they learn of sex-based misconduct. Rushing to collect statements, impose consequences (even temporary ones), and collect other evidence could lead to a Title IX violation if the conduct ends up being covered by the law. For this reason, in my opinion, if a school system does one thing this fall to address Title IX, training building-level admins and employees to stop, drop, and call the Title IX office as soon as they learn of any conduct based on sex.