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Part 106: Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance

1. The authority citation for part 106 continues to read as follows: Authority 20 U.S.C. 1681 et seq., unless otherwise noted. 2. Section 106.3 is amended by revising the section heading and paragraph (a) to read as follows: § 106.3 Available remedies. (a) Remedial action. If the Assistant Secretary finds that a recipient has violated this part, such recipient shall [...]

Students accused of non-Title IX misconduct should get fair hearings, too

Post author By Edward Bartlett
Post date November 12, 2020

Students accused of non-Title IX misconduct should get fair hearings, too by Susan Kruth November 12, 2020 Students sometimes ask why FIRE spends so much time making sure students accused of sexual misconduct receive fair hearings. They’ve noticed that over the past decade, a lot of our work has focused on the interplay between Title IX […]

Campus Sexual Assault Sexual Harassment Title IX Title IX Equity Project

Biden is President-Elect. Can We Just Ignore the Title IX Regulations Now?

Post author By Edward Bartlett
Post date November 11, 2020

November 9, 2020 TNG Consulting and Brett Sokolow It has been a week! We now know that Joe Biden is the President-Elect of the United States of America. There will still be some legal wrangling, and nothing is set in stone until the electors vote in December. But, assuming this outcome is maintained, you’ll likely […]

Campus Due Process Sexual Assault Sexual Harassment Title IX

Barrett Confirmation is a Win for Due Process on Campus

Post author By Edward Bartlett
Post date November 10, 2020

Barrett Confirmation is a Win for Due Process on Campus By Edward Bartlett In her swearing-in ceremony, new Supreme Court Associate Justice Amy Coney Barrett pledged “to do my job without any fear or favor, and that I will do so independently of both the political branches and of my own preferences.” While many speculate on […]

Campus Sexual Assault Sexual Harassment Title IX

N.Y. and Ed Dept. Dismiss Title IX Rule Lawsuit

Post author By Edward Bartlett
Post date November 6, 2020

By Greta Anderson November 5, 2020 The State of New York and the U.S. Department of Education agreed Tuesday to dismiss the state’s lawsuit against the department and Secretary of Education Betsy DeVos. The lawsuit, filed in June by state officials and the Board of Education for the New York City school district, challenged the Trump administration’s […]

More Resources

Other Resources ASSOCIATION OF TITLE IX ADMINISTRATORS Numerous individuals and organizations have expressed criticisms of the Association of Title IX Administrators (ATIXA) and its leadership. As early as 2014, a BuzzFeed article noted, "Brett Sokolow may be the most successful sexual assault consultant in the country, but critics say he’s building a profitable empire on [...]

Experiment in Campus Jurisprudence

Experiment in Campus Jurisprudence, 2011-2021 In 2011, the Department of Education’s Office for Civil Rights issued a controversial Dear Colleague Letter on sexual violence. The new OCR policy called for campus disciplinary committees to handle all allegations of sexual misconduct, with significantly fewer due process protections for the accused. To evaluate its effectiveness, the American Association of [...]

Scholarships

Title IX’s implementing regulation, 34 CFR 106, prohibits schools from offering scholarships that, “On the basis of sex, provide different amounts or types of such assistance, limit eligibility for such assistance which is of any particular type or source, apply different criteria, or otherwise discriminate.” (See details, below.) In 2019-2020, the SAVE Title IX Equity Project […]

State-Level Legislation

Many states have considered legislation on campus sexual assault in recent years. SAVE tracks these bills on an ongoing basis: The current Legislative Status Report, below, lists all relevant bills that have been introduced in the current year. The table lists the state, bill number, summary, and status. If a bill has been approved by […]

Statutory Language

AFFIRMATIVE CONSENT California, Connecticut, and New York have enacted laws that establish an affirmative consent standard on college campuses. California Cal. Civ. Code § 15.5. 67386 (a) In order to receive state funds for student financial assistance, … independent post-secondary institutions shall adopt a policy concerning sexual assault, domestic violence, dating violence, and stalking… involving a student, […]