The new regulations from the Department of Education go into effect today, August 14, 2020.
What does that mean for your district? In addition to requiring a new Title IX policy, the new federal regulations will change many aspects of the way districts have previously handled sexual harassment complaints filed by both employees and students. For example, the regulations now require:
- New definition for Sexual Harassment;
- All district employees must report sexual harassment to the Title IX Coordinator;
- Title IX Coordinator will have new duties and roles (and likely, the Superintendent should not be the Title IX Coordinator);
- In addition to the Title IX Coordinator, new roles have been added, that all play separate parts in a sexual harassment investigation. These roles include an investigator, decision maker, and informal resolution facilitator.
- Employees, job applicants, students, and parents must be able to identify and contact the Title IX Coordinator, with information posted on the District’s website;
- New grievance procedures for sexual harassment complaints must include a new investigative process consistent with the regulations, and
- Title IX now specifically mandates Title IX trainings for all staff, administrators, and investigators.
It is imperative that districts prepare for these changes, as there are numerous consequences for a district who violates the federal regulations or fails to report sexual harassment, including investigations from OCR and/or lawsuits from aggrieved victims. District employees who fail to report sexual harassment could face negative employment consequences or reports to SBEC.
Sara Leon & Associates, LLC will host a three-part Title IX webinar on August 27, 2020 from 9:00 a.m. to 12:00 noon. If you cannot register for the live webinar, the three-part series is available for purchase from our website saraleonlaw.com at the Trainings page.
