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

Thompson & Horton Launches Title IX Blog for K-12 and Higher Education Institutions, www.TitleIXTips.com  

At the end of the 2021-2022 school year, we will celebrate the 50th anniversary of Title IX, the federal law prohibiting discrimination based on sex in most educational institutions. Who knows if Congress foresaw back in 1972 that the law’s 37 words would still be center stage in national politics in 2021, but they most certainly are. From athletics equity to transgender athlete rights, from sexual harassment and bullying to sexual violence and assault, from discrimination based on sexual orientation, gender identity, and pregnancy or parenting status to same sex-education, Title IX covers some of the most important and politicized issues facing schools, colleges, and universities today. Our attorneys have been helping you understand and comply with Title IX for decades, and the firm has been a premier source of legal representation in Title IX space since opening its…