On July 20, 2021, the Department of Education (through the
Office of Civil Rights "OCR"), unveiled new guidance to
help schools understand their obligations under the Betsy DeVos-era
Title IX rule. The rule, which went into effect on August 14, 2020,
is currently undergoing a comprehensive review based on the
Executive Order issued by President Biden on April 6, 2021.
The 67-page Q&A is divided into 17 sections and
provides guidance on a variety of topics covered by the 2020 Title
IX amendments, focusing on language within the preamble. The
guidance also includes an appendix with sample language schools can
utilize (but are not required to) in creating a Title IX
policy.
OCR makes it clear that the 2020 Title IX amendments set out the
minimum steps a school must take in response to notice of alleged
sexual harassment. Schools may take additional actions so long as
there is no conflict with Title IX. Some key points of the guidance
which apply to postsecondary