Misgendering Myths, Facts, and Mayhem: What You Should Know About the Kiel, Wisconsin Title IX Case

Yesterday was the first day of Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) Pride Month. At Thompson & Horton, we will recognize Pride Month alongside the 50th Anniversary of Title IX with free weekly webinars throughout June (Thursdays at 1 p.m. starting today!) and blog posts focused on Title IX, including LGBTQ+ issues facing schools, colleges, and universities.

Perhaps the hottest story in the Title IX/LGBTQ+ world right now involves Kiel Area School District. The Wisconsin school district has received multiple bomb threats and tremendous media attention and scrutiny regarding complaints against three eighth-grade students alleged to have created a hostile environment for a peer by refusing to use the student’s preferred pronouns. As with many things “Title IX,” untangling the truth from the fiction can be a challenge, particularly when there is so much pandemonium around the case. Here’s what you need to know about this case and how it might impact your school, college, or university.

Appeal in VLRC v. Cardona Raising More Questions About Suppressing Statements of Missing Witnesses in Title IX Hearings

A little over a month ago, the U.S. Department of Education’s Office for Civil Rights (OCR) said it would no longer enforce a controversial portion of the 2020 Title IX rules. The “suppression clause” is a ban on reliance on statements by a party or witness who does not submit to cross-examination in higher education Title IX sexual harassment hearings. The 2020 Title IX regulations require that higher education decision-makers ignore all statements by any party or witness who refuses to answer even one relevant question during the required hearing for Title IX sexual harassment complaints. The rules leave room for K-12 decision-makers to decide whether to reject all statements by a party or witness who refuses to answer written cross-examination questions used in elementary and secondary school Title IX processes. After a Massachusetts Federal trial court struck down