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ARTICLE · 20 OCTOBER 2017

As Recent Title IX Legislative Efforts Meet Resistance, Litigation Will Likely Increase

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•Civil litigation against colleges and universities, arising out of the procedures found in the now-withdrawn "Dear Colleague Letter" issued by the Office of Civil Rights ("OCR") in 2011...

United StatesCriminal Law
Akin Gump Strauss Hauer & Feld LLP
Akin Gump Strauss Hauer & Feld LLP
Mark J. MacDougall
Mark J. MacDougall
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Key Points

  • California Gov. Jerry Brown vetoed the state legislature's attempt to codify previously issued Title IX guidance.
  • A similar bill, introduced this month in the U.S. House of Representatives, has not yet received the bipartisan support needed to have any prospect of passage.
  • Civil litigation against colleges and universities, arising out of the procedures found in the now-withdrawn "Dear Colleague Letter" issued by the Office of Civil Rights ("OCR") in 2011, is expected to continue as the Department of Education (DOE) formulates new Title IX policy.  

On October 15, 2017, California Gov. Jerry Brown vetoed legislation seeking to codify Title IX guidance that was embodied in the DOE's recently withdrawn (a) "Dear Colleague Letter" issued by the OCR in 2011, (b) "Questions and Answers" memorandum on sexual violence issued in 2014 and (c) Sexual Harassment Guidance originally issued in 2001. While the initiative received broad support in the

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