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ARTICLE · 16 OCTOBER 2017

New Title IX Guidance: Steps To Take Now

The U.S. Department of Education rescinded two major Office for Civil Rights guidance documents interpreting the application of Title IX to reports of sexual misconduct.

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Phil Catanzano is a Senior Counsel, Katrina Chapman is an Associate and Paul G. Lannon Jr. is a Partner in Holland & Knight's Boston office

David Fine is a Partner in Holland & Knight's Denver office

HIGHLIGHTS:

  • The U.S. Department of Education rescinded two major Office for Civil Rights guidance documents interpreting the application of Title IX to reports of sexual misconduct.
  • Secretary of Education Betsy DeVos stated that this new guidance provides the Department's current view of Title IX compliance, pending the publication of new regulations following a notice-and-comment period.
  • Institutions must carefully consider making changes to existing policies until the completion of the notice-and-comment period and the Department's final regulations. Nonetheless, there are certain steps institutions can take now to evaluate Title IX compliance in the wake of the Department's new guidance.

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