The U.S. Department of Education recently released its anticipated proposed regulations regarding sexual harassment under Title IX of the Education Amendments of 1972. If adopted, these regulations could have a significant impact on the manner in which educational agencies and institutions investigate and address claims of sexual harassment or discrimination.  As currently drafted, these proposed regulations would be applicable to both public K-12 school districts and colleges and universities that receive federal funding.

Key components of the proposed regulations include: a definition of sexual harassment; a duty for recipients only to investigate complaints of conduct that occurred within their program or activity; the adoption of an “actual knowledge” and “deliberate indifference” standard of liability; and detailed grievance procedures.

Currently there are no binding federal regulations related to sexual harassment under Title IX, only administrative guidance issued by the Department’s Office for Civil Rights, which enforces Title IX. The proposed regulations are open to public comment for 60 days, and may result in further revisions before they become final.

Please click here for our summary and analysis of the proposed regulations.

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Photo of Leander A. Dolphin Leander A. Dolphin

Leander A. Dolphin is Co-Managing Partner of the firm.

Leander represents public school districts, independent schools, and colleges and universities in education and employment matters, including student discipline, special education disputes, disability-related matters, employee discipline and discharge, and investigations. In addition, she represents…

Leander A. Dolphin is Co-Managing Partner of the firm.

Leander represents public school districts, independent schools, and colleges and universities in education and employment matters, including student discipline, special education disputes, disability-related matters, employee discipline and discharge, and investigations. In addition, she represents clients in claims before the Commission on Human Rights and Opportunities and the Office of Civil Rights. Leander has conducted numerous professional development workshops for private and public sector clients on topics such as sexual harassment, bullying, special education, disability discrimination, and confidentiality issues.

Photo of Peter J. Maher Peter J. Maher

Peter Maher represents boards of education and other entities in all areas of school law, with an emphasis on special education issues, labor and employment matters and, more recently, issues related to school operations during the COVID-19 pandemic. A former educator, Peter draws…

Peter Maher represents boards of education and other entities in all areas of school law, with an emphasis on special education issues, labor and employment matters and, more recently, issues related to school operations during the COVID-19 pandemic. A former educator, Peter draws on his firsthand knowledge of the needs and goals of school stakeholders to provide practical, community-specific and timely counsel that helps prevent problems when possible and solve them when necessary. Whether navigating sensitive special education matters or advising on day-to-day district operations, he partners with his clients to identify opportunities and pursue a clear path in the face of today’s challenges.

Photo of Natalia Sieira Millán Natalia Sieira Millán

Natalia Sieira Millan advises public school districts on all aspects of school law, and she also teaches school law at the Neag School of Education at the University of Connecticut as well as the Quinnipiac University School of Education.  Prior to joining the…

Natalia Sieira Millan advises public school districts on all aspects of school law, and she also teaches school law at the Neag School of Education at the University of Connecticut as well as the Quinnipiac University School of Education.  Prior to joining the firm, Attorney Sieira Millan was an Assistant Agency Legal Director with the Connecticut Department of Children and Families.