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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

Preparing for the 2024 Regs: Death to the Single Investigator Model…Long Live the Single Investigator Model

The “single investigator model” describes a practice by which a single individual investigates allegations of misconduct and the same person also makes the final determination of whether policy was violated. This model became...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

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

Death to the Single Investigator Model…Long Live the Single Investigator Model

The “single investigator model” describes a practice by which a single individual investigates allegations of misconduct and the same person also makes the final determination of whether policy was violated. This model became...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

Are Private K-12 Schools Subject to Title IX and Title VI by Virtue of Their Federal Tax-Exempt Status?

Are private K-12 schools subject to Title IX if they don’t directly accept federal funds? According to Senior Federal District Judge Richard D. Bennett (a Republican, appointed by George Bush), the answer is a resounding yes,...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

The 2022 ATIXA Lexicon – Can You Speak Title IX Fluently?

As a professional association, the Association of Title IX Administrators (ATIXA) has doubled in size since 2020. We have thousands of new members who have joined our community for an experience that is like drinking from a...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

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

Sharing With Complainants That Multiple Formal Complaints Have Been Made Against the Same Respondent

Q: Is there any guidance or best practices concerning sharing information about reports that involve the same respondent? For example, two students have reported being sexually assaulted by the same respondent. Would it be...more

What Happens if the SANE Can’t Attend the Title IX Hearing?

On the Association of Title IX Administrators (ATIXA) listserv recently, Title IX experts Brett Sokolow and Ryan Thompson had the following exchange in response to a member question about what would happen in a Title IX...more

ATIXA Guide to Racial Equity in Title IX Proceedings

Race is always important, even when sex discrimination is the main focus of a complaint. To effectively implement a Title IX resolution process, Title IX administrators must be cognizant of the intersectionality of race and...more

Tales from Title IX Risk Management: Non-Linear Problem-Solving

The Title IX risk management space is complex and ever-changing. As such, TNG and ATIXA continue to leverage a non-linear approach to problem-solving to provide the best possible outcomes for our clients and members....more

Criteria for Evaluating Your External Title IX Investigation Provider

Dear Brett: My school needs an external civil rights investigation. We received quotes from a number of firms, and the per-hour cost varied by more than $200 over the various provider quotes. Can you help us understand...more

Deeper Title IX Learning: Are Respondent Admissions Inadmissible if the Respondent Refuses to Testify?

The following Q&A is reprised from a recent conversation with a client. Q: Dear Brett, I have a Title IX complaint where the complainant has produced evidence, in the form of text messages, in which the respondent admits...more

Adventures in Title IX Advisorland, Part One

Since the 2020 Title IX regulations have taken effect, colleges all across the U.S. are scrambling to find advisors to accompany the parties through the formal resolution process. While many colleges and universities elect to...more

Further Learning on Trauma-Informed Investigations of Sexual Assault Allegations

A recent three-part series “Important Things to Get Right About the Neurobiology of Trauma” released by the organization EVAW-I has interesting implications for training sexual assault investigators. Specifically, the second...more

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