ATIXA OPEN Center

Do the provisions in the Title IX regulations regarding a complainant’s prior sexual history and sexual predisposition apply at both the elementary and secondary school and postsecondary levels?

How would a complainant’s request to dismiss, or a postsecondary institution’s decision to dismiss, a formal complaint of sexual harassment under Title IX affect the postsecondary institution’s responsibility under the Clery Act?

Do the Title IX regulations intend to mirror Clery Act geography in all off-campus descriptions?

How can a recipient address a complainant’s request for confidentiality, including in instances where a Title IX Coordinator signs the formal complaint initiating an investigation into a complainant’s sexual harassment allegations?

The Title IX regulations make the release of a respondent’s identity confidential unless the FERPA exceptions apply. FERPA permits but does not require the nonconsensual disclosure of records by postsecondary educational institutions in connection with disciplinary proceedings concerning crimes of violence or non-forcible sex offenses. Crimes of violence and non-forcible sex offenses do not include all forms of sexual harassment as defined in 34 C.F.R § 106.30(a). Does that mean that recipients cannot reveal the identity of a respondent found responsible for sexual harassment, including in response to a reference check, because it would be retaliatory to release this confidential information, assuming there is no state law requiring this information to be revealed?

What happens to records following the required seven-year retention period?

Is a recipient permitted to conduct teacher or faculty discipline processes in which sanctions are reviewed by a separate committee, and which can lead to tenure revocation proceedings, outside of the requirements of 34 C.F.R. §106.45, or are recipients required to combine the 6 determination regarding responsibility and sanctions aspects of a Title IX grievance process into a single process subject to the requirements of 34 C.F.R. § 106.45?

Do the requirements in the Title IX regulations apply to allegations between employees of a recipient?

Is a recipient required to notify a parent or guardian of reported sexual harassment that affects that parent or guardian’s student?

Is a recipient required to investigate a formal complaint alleging that sexual harassment occurred off campus or against a student engaged in a study abroad program, or must such complaints be dismissed?