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ARTICLE · 26 APRIL 2023

The Title IX Process Under The 2020 Regulations

Binnall Law Group
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The 2020 Title IX Regulations have a very strict process that schools must follow after receiving notice of an allegation of alleged sexual harassment.

United StatesEmployment and HR
Ben North
Ben North

The 2020 Title IX Regulations have a very strict process that schools must follow after receiving notice of an allegation of alleged sexual harassment (which includes allegations of sexual assault, stalking, domestic violence, and dating violence). These rules are codified at 34 C.F.R. §106.45. The process begins when an accuser (referred to as the "Complainant") decides to report allegations of sexual assault, sexual harassment, or some violation under Title IX. The allegations may be reported directly to the school's Title IX Coordinator or to a faculty or staff member designated who has the authority to institute corrective measures on the institution's behalf.

When a Title IX Office receives a formal complaint by a complainant, the Title IX Coordinator must determine whether the complaint alleges conduct that, if true, would constitute sexual harassment (which includes sexual assault), defined as conduct on the basis of sex that is so (1) severe, (2) pervasive,

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