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ARTICLE · 03 NOVEMBER 2017

Title IX And Resolution Of Complaints By Mediation

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In prior Obama-era guidance from the DOE Office for Civil Rights, the resolution of sexual misconduct or assault allegations by mediation was not encouraged and, in some situations, was prohibited.

United StatesLitigation, Mediation & Arbitration
Michael Hawkins
Michael Hawkins

In prior Obama-era guidance from the DOE Office for Civil Rights, the resolution of sexual misconduct or assault allegations by mediation was not encouraged and, in some situations, was prohibited. This position existed despite that when such allegations resulted in Jane and John Doe lawsuits, many were eventually settled through mediation.

However, in September of 2017, after the DOE withdrew Obama-era guidance documents, the Office for Civil Rights issued interim Questions and Answers on Schools Responsibility to Address Sexual Misconduct. This interim guidance document specifically provided:

Question 7: After a Title IX complaint has been opened for investigation, may a school facilitate an informal resolution of the complaint?

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