Latest Posts › Educational Institutions

Share:

Implementation Day Arrived, For Some. What’s Next?

On the morning of August 1, 2024, Title IX experts from TNG Consulting and ATIXA participated in a webinar hosted by the Department of Education (ED) regarding the 2024 Title IX Rule. During the session, U.S. Secretary of...more

Update for ATIXA Community on Recent Title IX Regulations Injunctions (Revised 7/16/24)

Last week and early this week, two federal judges granted injunctions to halt enforcement of the 2024 Title IX Final Rule (“2024 Regs”), in its entirety. An injunction is a court order requiring an individual or entity to...more

2024 Title IX Regulations Compliance Series: The Regulations Are Not Retroactive

Oh no, not another blog about the Title IX Regulations! I know, how many summaries of the same thing can you read? But here’s the thing: ATIXA’s compliance series is not another summary. It is designed to highlight topics you...more

Title IX—You’ve Never Had a Regs Implementation Like This Before

The White House Office of Information and Regulatory Affairs (OIRA) completed its review of the 2024 Title IX Final Rule (Rule) last week. OCR quickly finalized it and released it to the public on April 19, 2024, with an...more

Maybe We’re Looking at Plagiarism All Wrong?

The world is blessed and cursed by nuance. Most issues are complicated, and truly understanding them requires expertise, depth of insight, familiarity, and an appreciation for how nuances impact the issue and its context....more

I Like Spaghetti, But Not in Title IX Hearings

A client recently asked The FAIR Center to staff a hearing panel on a complex set of allegations against a tenured faculty member. I chaired the panel along with two of the client’s panelists from their own internal pool, so...more

Know Your Ratio of Title IX Hearing Outcomes. What Should It Be?

More and more schools are publishing Title IX annual reports (a great idea!), and as I was looking at a bunch of them recently, I saw an outlier that prompted this Tip of the Week....more

Title IX Regs Watch: Do We All Need to Learn How to Pronounce Sine Die?

If you’re a Latin pedant, you’ll want to use the traditional ‘see-nay de-ay,’ but the common American English pronunciation used in legislative machinations is ‘sigh-neh dye.’ Perhaps it ought to be “sign or die” to be more...more

OCR Revised the Title IX Regulations Final Rule Publication Date to March 2024… Is That Date Realistic?

[Revised and updated from my previous blog post in August]. As you know, the Department of Education is empowered to craft regulations to fulfill Congress’ mandate for sex equity under Title IX. The Department (ED),...more

It Looks Like We Won’t Have Final Title IX Regulations by October 2023… Now What?

If you’re like most of us in the Title IX field, the deeply technocratic nuances of federal regulation bore you to tears. I share your ennui. Please consider this your least complicated primer on how and when we may get the...more

Don’t Let the Title IX Regs Release Date Be a Barrier to Your Barrier Analysis (Part Two): Enhancing Reporting Processes Without...

Now that we have examined the benefits of barrier analysis, let’s dive deeply into preparing your community to understand that an increase in reporting is not notably correlated with an increase in incidents....more

Don’t Let the Title IX Regs Release Date Be a Barrier to Your Barrier Analysis (Part One)

The new Title IX regulations are delayed until at least October 2023. What should your campus do proactively to prepare? Starting with the new regulations, barrier analysis will likely become a formal part of a Title IX...more

Is Hogwarts a Metaphor for Title IX Compliance?

The walls of Hogwarts don’t move, just the staircases. The walls – the superstructure – is immutable and remained (mostly) intact after Voldemort’s attack in Deathly Hallows. Liken that to the many lawsuits attacking Title IX...more

ATIXA's Comments on the 2023 NPRM on Athletic Eligibility under Title IX

On behalf of the 11,000+ members of the Association of Title IX Administrators (ATIXA), we thank you for the opportunity to comment on the U.S. Department of Education’s (ED) Notice of Proposed Rulemaking (NPRM) on...more

SPOO? SORP? Nope.

A senior administrator at one of our client college campuses is a 77-year-old man. We’ve received several complaints over the last couple of years because he tends to call all of the women who report to him by the reportedly...more

The Intersection of Sexual Harassment and Sexual Assault - Are You Charging Respondents Correctly Under Title IX?

Recently, ATIXA published a blog on charging correctly under Title IX, with respect to the legal requirement to charge respondents with the respective applicable sexual harassment definitions from the Fair Housing Act (FHA)...more

A Rose By Any Other Name – Are You Making This Common Title IX Mistake?

You’re investigating a Title IX complaint and discover evidence of other misconduct involving the respondent. Should the Title IX Coordinator charge them with it? You’ve received a complaint that alleges both stalking and...more

More Lessons Learned from Title IX Live Hearings (Part II)

Last October, I wrote a column on what my colleagues and I at TNG Consulting had learned from serving as hearing decision-makers in our first fifteen live hearings under Title IX. Since then, we’ve facilitated many more...more

You Are Not a Reasonable Person

Personally, perhaps you are. Legally, you are not. Neither am I. Why? The reasonable person (RP) does not exist. The reasonable person isn’t a person at all, but rather an idea. And it’s a fascinating idea, though...more

Common Sense Approaches to Statutory Rape Allegations Under the 2020 Title IX Regulations

The inclusion of statutory rape as a form of sexual assault in the 2020 Title IX regulations can be confusing with respect to appropriate application of this rule to sex between minors, especially in jurisdictions with...more

Fifteen Title IX Hearings In, What Have We Learned? (Part 1)

Since the start of the spring 2021 semester, TNG’s consultants have been involved in about 15 hearings under the new 2020 Title IX regulations. We’ve served as party advisors, investigators, and decision-makers. Here is some...more

Does Stealthing Require a Special Kind of Consent Analysis Under Title IX?

If your partner says, “I’ll have sex with you, but only if we do it hanging upside down from the ceiling while howling like werewolves,” I’d suggest that if you want to have sex, start working on your howling technique. The...more

What Do Title IX Offices Need to Know Now That Yik Yak is Back?

Another scourge is upon the education field … someone is bringing Yik Yak back. The Chronicle of Higher Education just did a nice analysis on the reinvigorated app, here, for background....more

More Title IX Learning from the Field: Decision-Making Deep in Deliberations

Years ago, I took heat from activists who thought that TNG’s replacement of the terms “rape” and “sexual assault” with policy-based alternatives in our model policies was minimizing of the severity of the behaviors. Rape is...more

Implementing the Cardona Decision for Fall 2021 – What Should Colleges Do Now That the Title IX Suppression Rule is Dead?

Many in the Title IX field watched last week as two different federal courts denied challenges to the validity of the 2020 Title IX regulations under the Administrative Procedure Act (APA). The regulations survived these...more

37 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide