Title IX Final Rule: US. Department Of Education Office For Civil Rights (OCR) New Mandates For Higher Education And K-12
Dr. Susan Strauss is a national and international speaker, trainer, consultant and a recognized expert investigator on workplace and school harassment and bullying. She conducts harassment and bullying investigations and functions as an expert witness in harassment and bullying lawsuits. Her clients are from business, education, healthcare, law, and government organizations from both the public and private sectors.
Dr. Strauss also provides organizational, management, and employee development by conducting training, coaching, and facilitating workshops. She has been the Director of Training and Development and consults with a variety of organizations and industries, both large and small. Susan has also been the director of Wellness and has consulted with organizations to help them design, develop, implement and evaluate their Wellness programs.
Susan has a doctorate in organizational leadership. She is a registered nurse, has a bachelor’s degree in psychology and counseling, a master’s degree in community health, and a professional certificate in training and development. She has been involved in the harassment and bullying arena since 1985.
In May 2020 Title IX, via the U.S. Department of Education Office for Civil Rights (OCR), was changed dramatically. This change has been to the dismay of many universities, attorneys, sexual assault and harassment victims, and others; and has been praised by other attorneys and accused sexual misconduct perpetrators. What are these changes and what new challenges do they create for universities, K-12, and victims of sexual misconduct?
OCR’s Title IX regulations are not the law, but the regulations are often cited in lawsuits and it is expected that K-12 and higher education institutions will adhere to them. As of this writing, 18 State Attorneys General have brought a lawsuit against Secretary of Education Betsy DeVos over the “final rule” of Title IX. The lawsuit claims that her final rule is narrowly dictating Title IX’s reach and will chill victims from reporting sexual harassment and sexual assault due to the extensive changes in the procedural requirement. As a result, educational institutions are stuck between a rock and a hard place. On the one hand, they would be remiss in not implementing OCR’s new required Title IX mandates, yet on the other hand, the finality of the “final rule” will depend on the outcome of the lawsuit brought by the States’ Attorneys General. Additionally, if President Trump does not win in his re-election bid and Biden becomes president, these extreme OCR changes will, in all likelihood, be overturned.
The new Title IX changes must be implemented by August 14th. This is a particular challenge now considering President Trump has said all schools need to be open by fall – amongst the challenges of the pandemic. The schools are required to implement these Title IX changes by the august 14th timeframe. This webinar identifies and discusses the required changes K-12 and higher education institutions must implement.
- To define OCR’s new title IX sexual harassment definition
- To examine the Title IX Coordinator’s role and legal responsibility
- To review legal training requirements for the Title IX coordinator, Decision Makers, and investigators
- To illustrate the school’s mandatory response obligations
- To discuss grievance procedure requirements
- To interpret provisions to the live hearing with cross-examination” requirements
- To discuss required investigative requirements
- To define “deliberate indifference”
- To formulate the two standards of evidence and written determination
- To review K-12 requirements
- To explore the specifics of the lawsuits brought against OCR and Betsy DeVoss by 18 Attorneys General
Course Level - All Levels
Who Should Attend
- Title IX Coordinators
- Risk Managers
- Human Rights Officers
- Women’s Studies Professors
- Campus Security
Why Should You Attend
Fear – of a lawsuit; of not abiding by the new mandates; of not meeting students’ rights
Uncertainty – of the difference between these new regulations and the former Obama regulations
Doubt – What does it mean for K-12?
It wasn’t too long ago, and even to some extent today when Title IX was thought of as a “girls in sports” law only. Indeed, today the law still involves equal access and funding for girls’ sports but it is so much more than that. Among other protections, Title IX of the Education Amendments of 1972 prohibits sex discrimination, sexual harassment, and sexual assault in education programs and activities in K-12 and higher education. Title IX requires that educational institutions provide equal education for females and males. The law includes discrimination and harassment, including sexual assault and rape—a major issue on college and university campuses around the country. Research suggests college campuses are not responding to complaints of sexual violence according to Title IX law requirements, resulting in students’ physical and psychological trauma and violating their civil rights to an equitable education.
The U. S. Department of Education Office for Civil Rights (OCR) role and responsibility is to ensure equal access to education through vigorous enforcement of civil rights in our K-12 and post-secondary schools. Failure to abide by OCR’s Guidance may result in a university or college losing all of its federal funding.