OCR Provides Practical Pointers for Postsecondary Institutions to Meet Civil Rights Obligations In Distance Learning Environments

The U.S. Department of Education’s Office for Civil Rights recently issued a FAQ in its continuing effort to address civil rights issues during the COVID-19 pandemic.  The new guidance focused on disability accommodations, Title IX, and harassment issues.

The overall message was to again remind postsecondary institutions to “stay the course” with their civil rights obligations.  Institutions must continue to engage in the interactive process and provide disability accommodations that do not fundamentally alter the academic program and/or are undue burdens.  Institutions must also continue to receive, investigate, and resolve harassment complaints.  Institutions should adapt their policies to the new distance learning environment, and, if they do, they must inform students, faculty, and staff of any changes.

OCR also offered practical advice for how institutions can meet their civil rights obligations (and take advantage of new technology in doing so):  Continue reading “OCR Provides Practical Pointers for Postsecondary Institutions to Meet Civil Rights Obligations In Distance Learning Environments”

Title IX Final Rule

On May 6, 2020, the U.S. Department of Education issued the Final Rule on Title IX of the Education Amendments of 1972 (“Title IX”) regulations. These are the first comprehensive regulations issued under Title IX since 1975.

The Final Rule goes into effect on Friday, August 14, 2020.  Its provisions will significantly impact K-12 school districts, colleges, and universities. The changes include: a definition for sexual harassment, requirement for publication of Title IX materials, triggers for an institution’s legal obligation to respond and investigate, and a requirement that institutions conduct courtroom-like hearings. Continue reading “Title IX Final Rule”