These new rules, ACLU contends, will make it easier for colleges and universities to ignore allegations of sexual harassment and assault. The new rules to which ACLU specifically objects start with the definition of sexual harassment to which an institution must respond.
Contrary to the former Dear Colleague Letters issued by OCR, which were considered by the Office for Management and Budget to be “significant guidance,” the new rules will carry the force of law.
Dubbed the “pre-assault” claim, successful pleading would hold colleges and universities liable under Title IX for policies and practices that encourage or make more likely sexual assaults of female students on their campuses.
The Title IX claim had been brought by a woman who alleged she was raped by three Gettysburg students at an alcohol-fueled party.
In what the U.S. Government Accountability Office characterizes in its Report to Congress as a “soft-power” initiative, China has financially supported Confucius Institutes in colleges and universities in 44 states, as well as in K-12 school districts.
A growing number of court decisions in various jurisdictions that are refusing to recognize causes of action under Title IX brought by individuals sexually assaulted at colleges and universities.
Sexual assault is considered to be discrimination on the basis of sex, and individuals who experience sexual assault may bring a Title IX claim against the educational institution if the institution is deliberately indifferent to the assault.
College Title IX officers are encouraged to review and modify their policies and procedures to conform to the latest direction from Washington.
This past summer, the National Panhellenic Conference released the report of its Gender Identity Study Group.
A recent Third Circuit Court of Appeals decision stresses the importance of clear, written documentation of roles and responsibilities in any academic collaborations between a private entity and a state university.