Joint Guidance on Federal Title IX Regulations

Grand River’s subject matter experts joined others from around the country to compose guidance for campuses. This Joint Guidance, coordinated by SUNY, provides analysis of each provision (including overlap, harmony, or conflict with the Clery Act, the Violence Against Women Act, and various state laws), and offers initial guidance regarding implementation and challenges that may arise.

Our team is available to answer your questions. We can help you navigate these changes and work with you to tailor a process unique to your campus. Contact us to start a conversation with one of our experts.

 

 

I. Title IX Text to Text Proposed to Final Comparison, version 2.0

II. Title IX Summary Proposed to Final Comparison, version 1.0

III. Introduction to Joint Guidance, version 1.0

IV. Talking to Stakeholders About the Title IX Regulations, version 1.0

V. Pending Litigation Tracker

VI. Section by Section Analysis

  1. 106.6 – Effect of other requirements and preservation of rights
    1. Parental Rights
    2. Preemption
    3. Title VII
    4. FERPA
  2. 106.8 – Designation of a Coordinator, Dissemination of Policy, Adoption of Grievance Procedures
  3. 106.9, § 106.18, § 106.24, § 106.46, § 106.62, § 106.62, § 106.72, § 106.82 – Severability
  4. 106.12 – Assurance of Exemptions and Faith Based Institutions
  5. 106.30 – Definitions
    1. Formal Complaint
    2. Actual knowledge
    3. Sexual Harassment
    4. Educational Institutions
    5. Complainant and Respondent
    6. Consent
    7. Supportive Measures
  6. 106.44 – Recipient’s response to sexual harassment
    1. Geography of Jurisdiction & Institutional Liability
    2. Required Response
    3. Emergency Removals
    4. Administrative Leave
  7. 106.45 – Grievance Procedures Basic requirements for grievance procedures
    1. Discrimination Based on Sex
    2. Treating Parties Equitably
    3. Conflicts of Interest or Bias
    4. Objective Evaluation of Evidence
    5. Timeframes
    6. Standard of Evidence
    7. Training of Officials
    8. Notice of Allegations
    9. Dismissal of Complaints
    10. Consolidation of Complaints
    11. Inspection and Review of Evidence
    12. Investigative Report Required
    13. Live Hearings, Cross-Examination and Advisors of Choice
    14. Hearings Optional: Elementary and Secondary Schools
    15. Determinations Regarding Responsibility
    16. Appeals
    17. Informal Resolutions
    18. Recordkeeping
  8. 106.71- Retaliation

VII. Discussion of Response to NPRM Directed Questions

  1. Directed Question 1
  2. Directed Question 2
  3. Directed Question 3
  4. Directed Question 4: Focus on Trainings re: Trauma-Informed Practices

VIII. Select State and Local Issues

  1. California
  2. 50 State Comparison: Hearing Requirements for Elementary and Secondary Schools

IX. Additional Analysis

  1. Note on Bostock v. Clayton County, Georgia

Documents will be updated as they are developed and available. 

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