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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

Search for OPEN Center questions and answers.

Removing a Student from A Club Prior to Determination of Responsibility

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?


Prohibition of Outsourced Employees

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?


March 28, 2022 Letter to ATIXA About July 2021 OCR Q&A

August 27, 2021 OCR Blog Post

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


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.


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?


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?


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?


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?


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?