In July of 2022, the U.S. Department of Education (“Department”) issued a Notice of Proposed Rulemaking (“NPRM”) to amend its regulations implementing Title IX of the Education Amendments of 1972. The Department received over 240,000 public comments on the proposed Title IX rules. At this time, the Department is considering and reviewing the comments prior […]
Read moreOn October 24, 2022, the Eastern District of Texas overruled a school district’s objections to the Report and Recommendation of a magistrate judge denying the district’s motion to dismiss. Ultimately, the court ruled that coaches may be “appropriate persons” with actual knowledge satisfying one element of a Title IX complaint. A Brownsboro ISD student, through […]
Read moreOne year ago, the United States Supreme Court handed down their decision in Bostock v. Clayton County. In making its decision, the Supreme Court found that employers who discriminate against employees based on sexual orientation and/or gender identity are inherently treating employees differently because of their sex, the exact practice Title VII prohibits in all […]
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Below are today’s updates regarding COVID-19 and its impact on Texas public schools. For additional resources, please visit our COVID-19 page. Title IX: Questions and Answers Regarding the Final Rule Dean Micknal, Partner and Victoria Elliott, Associate On May 6, 2020, the US Department of Education issued an extensive update to the Title IX regulations […]
Read moreOn May 6, 2020, the US Department of Education issued an extensive update to the Title IX regulations (the “Final Rule”). As the new regulations take effect on August 14, 2020, districts do not have much time to digest the information and prepare for implementation. In an effort to assist our districts in learning the […]
Read moreThis post is the first in a two-part series that will provide guidance and strategies to district and campus administration and HR personnel on conducting effective sexual harassment investigations. Although this article focuses on sexual harassment, the advice in it applies equally to racial, age-based and other types of harassment investigations. In February 2017, a […]
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