Title IX Tips - Page 2 of 8 - Title IX Expertise and Insight

ED Department Proposes Title IX Amendment Prohibiting Outright Bans on Transgender Athlete Participation

April 7, 2023

in: 2023 Regulations, Transgender Issues

By Jackie Gharapour Wernz and Kendra Yoch

On April 6, 2023, the U.S. Department of Education proposed an amendment to Title IX prohibiting categorical bans on transgender athletes’ participation in school sports. If adopted, the proposed rule would override the laws of twenty states, including Texas, that require students to participate on the sports team matching their sex assigned at birth. The proposal would implement a new test for such rules, balancing the objectives of schools in limiting transgender student participation against the potential for harm to students whose opportunity to participate is denied. What should your school, college, or university know about the proposed rule now?

Collaboration for the Win! Title IX and Special Education in K-12

March 30, 2023

in: Events, Special Education, Training, Webinar

Assuming they are finalized as proposed, the new Title IX rules will for the first time require ongoing “consultation” between the Title IX Coordinator and special education team when a party to a Title IX complaint is a student receiving special education or related services. But if you work in Title IX or special education in K-12 public schools, “collaboration” should already be a part of your vocabulary in this context. There are so many complex issues at the intersection of Title IX and special education that make collaboration between Title IX and special education teams essential. Are you doing all you need to do to protect your educational institution from legal risks involving Title IX and special education?

Watch our complimentary webinar to find out! Keep reading for more information.

Does Title IX Apply to Gender Disparity in NIL Compensation?

March 6, 2023

in: Policies and Procedures, Uncategorized

By Matthew A. Reed, Counsel, Thompson & Horton

Amateurism in intercollegiate athletics is dying. A combination of state legislation and federal court orders has resulted in a largely unregulated “Wild West” environment in which college athletes have gained an unprecedented ability to capitalize on their status by receiving payments for use of their names, images, and likenesses (“NIL”). Not surprisingly, most NIL payments seem to be flowing to men. What responsibility do educational institutions have to ensure gender equity in NIL payments to athletes in their sports programs?

Not So Fast: OCR’s Fact Sheet on DEI Efforts is Only Half the Story

February 6, 2023

in: In the News, Office for Civil Rights

On January 31, 2023, the Department of Education’s Office for Civil Rights released a fact sheet clarifying that diversity, equity, and inclusion training and similar activities “are not generally or categorically prohibited” under Title VI of the Civil Rights Act of 1964. The OCR fact sheet provides a list of activities, such as DEI training, training on the impacts of racism or systemic racism, cultural competency and other nondiscrimination training, and using specific words, such as equity, discrimination, inclusion, diversity, systemic racism, or similar terms in school policies, programs, or activities. It says that Title VI does not “categorically” prohibit such activities and that deciding if there is a violation requires assessing the totality of the circumstances in each particular case.

According to OCR’s press release, it issued the fact sheet “in response to confusion regarding the legality of [DEI] activities in schools.” Although OCR does not elaborate, stories about the importance of conservative activism around how school teach racism abound. The issues are similar in the Title IX realm, with a small but mighty contingent of challengers to programs for girls such as coding camps, scholarships, grants, and mentorships claiming that such programs, which are aimed to remediate past and current discrimination against women in various spaces, are discriminatory against men.

Does OCR’s fact sheet remove the confusion? Not even close. Keep reading to find out why.

How to Make—and Keep—a Resolution to Prepare for the New Title IX Rules

January 18, 2023

in: 2022 Regulations, In the News, Policies and Procedures, Proposed Regulations, Training

We are barely into 2023, and it’s shaping up to be the biggest year yet for Title IX. From transgender bathroom bans and athletic participation battles to growing scrutiny on general athletics equity and pregnant and parenting students, Title IX will continue to have its moment in the sun in 2023 as it has for the past few years. Of course, the biggest news for Title IX in 2023 will undoubtedly be the issuance of the Biden administration’s new Title IX rule. The Department of Education recently confirmed that it intends to hoist the new regulation on schools in May 2023. Schools, colleges, and universities will once again have to comply with an entirely new grievance structure quickly over the summer.

Those who spent the summer of 2020 scrambling to prepare for the 2020 Title IX rules know that implementing new rules over the summer is a huge feat. If you haven’t already resolved to begin preparing now to be ready for that process when it comes, you should! Like any other New Year’s resolution, there is a risk of giving up without a plan. Don’t have one? Don’t worry. The Thompson & Horton Title IX team has you covered. Keep reading for the essential action plan to help you achieve your Title IX goals in the New Year.

Equal Tweets, Equal Cheers: Is Your School Athletics Program Providing Equal Publicity under Title IX?

January 12, 2023

in: Publicity, Uncategorized

With Matthew A. Reed, Counsel, Thompson & Horton

As we noted last year, K-12 athletics programs are facing increasing Title IX enforcement efforts. Whether with OCR or in the courts, complainants increasingly claim schools do not provide equal benefits to male and female teams in categories such as facilities, game scheduling, coaching, and travel.

One category that gets less attention—despite hiding in plain sight—is a school’s publicity efforts on behalf of its sports teams and athletes. Publicity includes traditional methods such as school newspaper coverage and marquee announcements, but it also includes social media posts and even the use of cheerleaders and school bands. What are some of the most common complaints we see in this area and what can your school, college, or university do to limit the risk of problems?