The Title IX Final Regulations Become Effective August 14, 2020

The Department of Education’s 2020 Title IX regulations – with an effective date of August 14, 2020 – make changes that will impact how schools structure their Title IX processes.  The attorneys at Sanghavi Law Office have significant, relevant experience to assist schools both with the steps needed to be taken prior to the August 14, 2020 effective date, and with schools’ responsibilities after this effective date.  Sanghavi Law Office has experience working with individuals at all levels within schools – K-12 students, post-secondary students, faculty members, and administrators – to address complaints of sexual misconduct.  Our attorneys are experienced in all aspects of investigations, including conducting interviews, making findings of facts, and determining whether policy violations have occurred.

Some of the significant changes to the Title IX regulations include:

  • Inclusion of definitions of sexual harassment
  • Required separation of the investigator role, the decision-maker role, and the appeal decision-maker role
  • Requirements regarding what information must be shared with parties and the opportunity for parties to respond to this information
  • Requirement for live hearings for complaints at post-secondary institutions
  • Option for informal resolution (except for allegations of sexual harassment by a teacher toward a student).

Sanghavi Law Office can assist with the critical steps schools will need to take to prepare for the 2020 Title IX regulations, and to implement new policies and procedures in compliance with the new regulations:

  1. Policy and Procedures Review: Significant changes have been made regarding schools’ responsibilities under Title IX. Sanghavi Law Office can assist schools by reviewing and updating current policies and procedures to comply with the new Title IX regulations.
  2. Investigative and Decision-making Assistance: Sanghavi Law Office can assist schools with various roles outlined under the new Title IX regulations by: 1) conducting investigations of formal complaints; 2) acting as the decision-maker at Title IX live hearings, including preparing written determination reports; and 3) reviewing and evaluating appeals.
  3. Informal Resolutions: The new regulations allow schools to offer the option of informal resolutions of Title IX complaints. Sanghavi Law Office can assist with the informal resolution process by providing mediation.
  4. Trainings: Sanghavi Law Office can assist schools by providing trainings to Title IX coordinators, investigators, decision-makers, and individuals responsible for making appeal determinations.

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Some resources relevant to the new Title IX regulations include:

Final Rule :https://www2.ed.gov/about/offices/list/ocr/docs/titleix-regs-unofficial.pdf]

Department of Education’s Overview of the Final Rule: https://www2.ed.gov/about/offices/list/ocr/docs/titleix-overview.pdf]

Department of Education’s Summary of Major Provisions of the Final Rule: https://www2.ed.gov/about/offices/list/ocr/docs/titleix-summary.pdf]

Department of Education, Office for Civil Rights, Webinar on the Title IX Regulations: https://www.youtube.com/watch?v=TdfT5R8ibm4&feature=youtu.be]