Following a whirlwind summer 2024 complete with multiple court battles, the legal landscape of Title IX now leaves us with a patchwork of different compliance obligations across the United States. For both public and private institutions of higher education alike, the complexities of ensuring compliance with Title IX and other civil rights laws can feel overwhelming. Whether your institution has implemented the 2024 Title IX regulatory changes, or has continued implementation of the 2020 Title IX regulations, we are here to help!
For those institutions implementing the new 2024 TIX regulations, you are likely to find MORE is covered under Title IX, not less but with more flexibility in how to process a case. Whether you are implementing an investigator-decision maker model, or maintaining a hearing requirement, we are your trusted compliance partner.
The 2024 rules also expand protections for pregnant and parenting students, are arguably apply substantively to most institutions notwithstanding injunctions. Let us help you navigate accommodations, documentation request requirements, and confidentiality associated with supporting your pregnant and parenting student population.
TIX regulations continue overlap with Pregnant Worker Fairness Act, PUMP Act, Title VI and VII, FERPA and a wide variety of California laws such as the Unruh Civil Rights Act and SB 493. We can help you navigate applicability of such laws and practically implement next steps for compliance.
Our attorneys, law clerks, and paralegals are experienced, trained, and ready help you navigate our new Title IX compliance. We can assist you with:
Title IX training is required annually for most educational institutions, whether K-12, community college, or public or private higher education. Additionally, those involved in the grievance process – coordinators, investigators, decision makers, and appeal adjudicators – all need enhanced training in implementing Title IX obligations. We can provide in-person or virtual trainings to keep your internal team sharp on all things Title IX!
We are skilled at preparing comprehensive policies implementing Title IX and other applicable civil rights laws for your campus! Additionally, 2024 brings with it new obligations for supporting pregnant and parenting students in both K-12 and higher education settings. Let us help you ensure your polices are compliant and tailored for your specific institutions resources and staffing.
Often times determination of whether a complaint or concern is subject to Title IX regulation, or another civil rights policy, can be a complex question riddled with risk mitigation and operational concerns. Additionally, we are experienced at handling complex, multi-party, and cross-complaint situations that need careful consideration regarding whether to consolidate and the applicability of various policies and procedures to different aspects of a case. We can help you understand your options for how to process complaints involving harassment, discrimination, retaliation, or sexual assault in a manner consistent with law and in alignment with your organization’s systems and resources.
When processing a complaint of harassment, discrimination, retaliation or sexual assault, issuing various notices to the parties and witnesses is a key step in documenting compliance. We can assist your campus in preparing templates ready to go when a complaint comes in, or tailoring documents based on the unique nature of a particular case. We are experienced in drafting notices of investigation, informal resolution consent forms, interim correspondence regarding extensions or other procedural matters, responses to questions from attorneys or community advocates, notices of hearing and notices of decision. We can help bring peace of mind to your drafting process.
Whether you are subject to 2020 TIX rules or 2024 TIX rules, or have implemented some combination of both, we are here to help assist you as questions arise during the grievance process. For example, what communication to the parties is required? What does a Title IX hearing look like under current policy? Should we outsource any part of the process? How do we handle allegations of bias or conflicts of interest? Can the complaint be dismissed based on a student withdrawal or employee resignation? What cost control procedures are appropriate or lawful in this case? We have seen it all! Let us help you strategically evaluate options, risks, and help you implement your organization’s business decisions.
We are skilled at conducting investigations. Our team of attorney-investigators and paralegal support staff provide high-quality, thorough, accurate, and legally compliant investigations for Title IX and other internal civil rights complaints, as well as complaints involving violations of student conduct policies or workplace misconduct. We can handle simple complaints as well as complex multi-party, high risk matters, including those involving high level administration, athletics, or sexual assault. Our attorneys are trained in trauma informed techniques, and both 2020 and 2024 TIX procedures. Hiring us means you can rest easy knowing your investigation process will be handled professionally, free of bias or conflicts of interest with either party. Our investigators are skilled at testifying at hearings and other administrative forums, and stand ready to support your organization in the event of subsequent litigation.
Need a paper decision maker? Hearing officer to run your hearing? Or need a skilled Title IX attorney to help guide your internal hearing officer or panel to conclusion? We’re there for you! We can help you navigate the complex legal issues that arise when determining whether a Title IX or other policy violation occurred under 2020 or 20204 regulations. We can also advise on appropriate remedial and corrective action with an eye towards risk mitigation.
When a party appeals, we can help you get through the final push to ensure a compliant appeals review process. Whether you need behind the scenes advice or a front-facing external appeal adjudicator, we have you covered!
When the worst hits and your educational organization is in litigation, we can come along side your insurance defense counsel to provide insight into Title IX compliance and how it strategically impacts your case. We also provide expert witness testimony, and can assist with remedial action when needed assessing the options for policy revisions, staffing and resource allocation.
