ATIXA OPEN Center

ATIXA announces the OCR OPEN Center Response Repository. ATIXA will update responses from the OCR OPEN Center as we receive them. Responses are listed in order of date starting with most recent. You may also search responses by topic areas at the top of the page. The OCR OPEN Center Blog responses are also linked below the Question/Answer section. If you have received a response from the OPEN Center and would like to add it to this repository, please email info@atixa.org.

Search for OPEN Center questions and answers.

August 27, 2021 OCR Blog Post

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

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August 25, 2021 OCR Blog Post

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

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Informal Resolution and Waive Hearing

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?

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Former Students’ Ability to Appeal

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?

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Sanctions Prior to Final Determination

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?

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Institution Paying for External Advisor

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?

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Employee Advisor

If a postsecondary institution must provide a party with an advisor pursuant to 34 C.F.R. § 106.45(b)(6)(i) (i.e., because the party appeared at the live hearing without an advisor of choice), can the provided advisor be an employee of the institution or must such an advisor be independent of the institution?

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Refusing to Participate in Cross-Examination

If a party refuses to participate in cross-examination at the postsecondary level, will the refusal be held against them?

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K-12 Hearing Cross-Examination

The Title IX regulations do not require elementary and secondary schools to hold live hearings, but must an elementary or secondary school allow the parties to cross-examine other parties and witnesses prior to the decision-maker reaching a determination regarding responsibility?

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Complainants Sexual Predisposition

Do Title IX regulations addressing a complainant’s sexual predisposition and prior sexual behavior govern the inclusion of such information in the investigative report?

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