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.
Title IX Coordinator Role (Response 5/22/2020)
Does OCR have a view on whether the Title IX Coordinator can serve as a non-voting procedural facilitator during the live hearing?
Sexual Assault Definition (Response 5/22/2020)
Please clarify confusion over the definition intended by the regs for sexual assault.
The regs say: (3) “Sexual assault” as defined in 20 U.S.C. 1092(f)(6)(A)(v)
Looking that up, I find: (v) The term “sexual assault” means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.
Looking that up, sexual assault doesn’t appear to be a UCR offense, though rape, sodomy, sexual assault with an object, etc. are listed.
https://ucr.fbi.gov/recent-program-updates/new-rape-definition-frequently-asked-questions
However, the Clery Act Handbook uses this definition:
“Any sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent.”
So, is that the definition the regs expect recipients to apply? Also, is it OCR’s intent for any or all of the four subparts of the definition in the Clery Act Handbook to apply/be used as policy definitions?
Notice to Parents and Legal Guardians (Response 5/22/2020)
The regs state:
“The recipient must notify applicants for admission and employment, students, parents or legal guardians of elementary and secondary school students, employees, and all unions or professional organizations holding collective bargaining or professional agreements with the recipient, of the name or title, office address, electronic mail address, and telephone number of the employee or employees designated as the Title IX Coordinator pursuant to this paragraph.”
This is confusingly written about notice to parents or legal guardians of elementary and secondary school students…is that limited to K-12 programs, or is this a requirement for IHEs as well? The way it’s written could mean that a university is supposed to let every parent/legal guardian in the state know who the TIXC is. Does it apply only to K-12? Is it supposed to mean an IHE only has to notify K-12 parents/legal guardians for things like summer camps or dual credit courses the IHE offers to elementary and secondary students?
Generic OPEN Center Statement Included in all Responses
Generic OPEN Center Statement Included with All Questions
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