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1 1 (March 4, 2019)

handle is hein.crs/govzie0001 and id is 1 raw text is: A Congressional ______ *.Research Service Title IX and Sexual Harassment: Education Department Proposes New Regulations March 4, 2019 This past November, the U.S. Department of Education (ED) issued a notice of proposed rulemaking to amend current regulations that implement Title IX of the Education Amendments of 1972 (Title IX). Title IX prohibits discrimination on the basis of sex in education programs or activities receiving federal financial assistance. While neither the statute nor its current implementing regulations explicitly address sexual harassment, courts and ED have both determined that a school's response to sexual harassment allegations brought by a student must conform to Title IX's bar on sex discrimination. ED has mainly addressed schools' responsibilities when responding to sexual harassment allegations through a series of guidance documents. These directives, some of which were later withdrawn, have sparked debate about the proper role of schools in addressing sexual misconduct. Some procedures adopted by schools in response to these directives have generated legal challenges by students accused of sexual harassment. The proposed Title IX regulations diverge from prior guidance documents in several ways, imposing a number of new substantive and procedural requirements for schools. The comment period for the proposed regulations has ended, although it is unclear when the agency will release a final rule. To place this proposed regulation in context, this Legal Sidebar provides a brief overview of how Title IX has been applied by ED and interpreted by reviewing courts in the context of allegations of sexual harassment at educational institutions. The Sidebar also discusses constitutional challenges brought by students against the procedures used by schools to comply with Title IX. Finally, the Sidebar considers the major changes that the proposed regulations would have, if adopted, upon schools' policies for responding to allegations of sexual harassment, including the procedures used to investigate and resolve complaints. A forthcoming CRS Report will examine these and related matters in more comprehensive detail. Title IX Background Like a number of other federal civil rights statutes, Title IX makes nondiscrimination on the basis of sex a condition for receiving federal financial assistance. Title IX is mainly enforced in two ways: (1) through private rights of action directly against educational institutions that receive federal funds and (2) by federal agencies that provide funding to educational programs. ED is the lead agency responsible for the administrative enforcement of Title IX and its Office of Civil Rights (OCR) monitors schools' compliance with Title IX. When violations are found, OCR may seek to reach an informal resolution agreement with Congressional Research Service https://crsreports.congress.gov LSB10268 CRS Legal Sidebar Prepared for Members and Committees of Congress

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