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Pregnancy and Related Conditions: Comparing Existing Title IX Regulations with the 2022 Proposed Rules

Pregnancy and Related Conditions: Comparing Existing Title IX Regulations with the 2022 Proposed Rules

Readers may recall that the May 2020 Title IX Final Rule does not include information about pregnancy or related conditions. The 2020 regulations covered a narrow set of conduct, specifically, sexual harassment and sexual and interpersonal violence. Title IX has long...
Comment Period Is Closed: Over 240,000 Comments on the 2022 Title IX Proposed Regulations

Comment Period Is Closed: Over 240,000 Comments on the 2022 Title IX Proposed Regulations

The comment period closed on September 12, 2022 for the Title IX proposed regulations. You can find up-to-date information about the number of comments and view many comments on regulations.gov. As of September 13, that page showed 235,816 total comments received and...
Are Live Hearings Still Alive? Considering the Intersection of the Proposed Rule and Federal and State Precedent

Are Live Hearings Still Alive? Considering the Intersection of the Proposed Rule and Federal and State Precedent

One talking point emerging from the release of the Proposed Title IX Rule is that colleges and universities are going to abandon live hearing models in sexual misconduct resolutions. However, rumors of the death of live hearings are probably off-base. Instead, we may...

Proposed Title IX Rules Have Groundbreaking Protections For LGBTQI+ People

Over the past decade, protections for LGBTQI+ students have changed frequently and dramatically with each political administration. Guidance issued during the Obama administration explicitly stated that LGBTQI+ students were protected under Title IX, but, like other...
A Closer Look at the Title IX Proposed Rules: Coordination Between Title IX and Disability/Accessibility Services

A Closer Look at the Title IX Proposed Rules: Coordination Between Title IX and Disability/Accessibility Services

As keen readers may have noticed, the Department of Education included many references to disability throughout its 2022 proposed Title IX regulations and in the 500+ page preamble that explains why certain changes or additions are being proposed. While some of the...

OCR Publishes Revised Questions and Answers on the 2020 Title IX Regulations on Sexual Harassment on June 28, 2022

On Tuesday June 28, 2022, the U.S. Department of Education’s Office for Civil Rights (OCR) updated the Questions and Answers on the Title IX Regulations on Sexual Harassment, which was originally issued in July 2021. The update reflects the court ruling in Victim...
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