ATIXA's 2024 Program Legal and 2020 OPEN Center Responses

Regarding the definitions of sexual assault, domestic violence, dating violence, and stalking under Title IX of the Education Amendments of 1972 (Title IX), can postsecondary institutions use the definitions of these terms in the Clery Act regulations to satisfy their obligations under the 2024 Title IX regulations?

Can a school-sponsored, student-run club remove a student accused of sexual assault from the club before the recipient makes a determination of responsibility under 34 C.F.R. § 106.45?

ATIXA has a number of members who wish to outsource their Title IX compliance programs, for a number of reasons. They want to know whether there anything in the regulations that would prohibit this practice.

Specifically, they note that the regulations require the Title IX Coordinator to be an “employee” and that an outsourced coordinator would not technically be employed, but would perform the same functions as an employee would. Would this be permissible? If so, is the selection of an external coordinator limited only to interim arrangements, or could a long-term outsource be possible?

If the answer is that the Coordinator must be an actual employee, would it work to give the coordinator title to an employee, but to delegate or create co-coordinator roles that are satisfied by the external consultant?

Read the letter here:

A Back-to-School Message for America’s Transgender Students.

An update on the court ruling about the Department of Education’s Title IX Regulations: The Ruling Vacated a Provision Restricting Post Secondary Schools’ Use of Statements by Parties and Witnesses.

Can a postsecondary institution decide not to go forward with a hearing on a formal complaint of sexual harassment if the complainant and respondent both knowingly and voluntarily waive the right to a hearing?

If a complainant or respondent are no longer students, and are not attempting to participate in the recipient’s education programs or activities, do they still have a right to appeal under the Title IX regulations, or does the withdrawal terminate their right to appeal?

Are recipients allowed to place holds (for example, on a transcript, registration, or graduation) on a respondent’s account while a formal complaint process is pending, or is such action considered an impermissible sanction prior to a final determination regarding responsibility?

If the respondent does not find a suitable advisor and only wants to be represented by an attorney, does the postsecondary institution have to pay for the party’s attorney?