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2021 Title IX Alert 1 (2021)

handle is hein.hackboth/ttlixa2021 and id is 1 raw text is: Route To: __ _ TITLE IX ALERT Department of Education: Moving to Amend 2020 Title IX Regulations on Sexual Harassment By Susan D. Friedfel, Carol R. Ashley and Laura A. Ahrens he U.S. Department of Education's Office for Civil Rights (OCR) has announced it will conduct a comprehensive review of its regulations implementing Title IX of the Education Amendments of 1972, startingwith apublichearing on the issues of sexual harassment in school environments, including sexual violence, and discrimina- tion based on sexual orientation and gender identity. It also anticipates publishing anotice of proposed rulemaking to amend the Title IX regulations. OCR says in the April 6, 2021, an- nouncement that these steps are part of the comprehensive review required by President Joe Biden's March 8 Executive Order on Guaranteeingan Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity. A letter from OCR's Acting Assistant Secretary Suzanne Goldberg reiterates the purpose behind the executive order: to pro- hibit sex discrimination in federally funded education programs and activities underTitle IX, including discrimination on the basis of sexual orientation and gender identity. The letter details that OCR will undertake a comprehensive review of DOE's Title IX regulations, orders, guidance, policies, and any other similar agency actions, including the Title IX regulations that took effect on August 14, 2020. See MOVING on Page 10 Civil Rights Attorney Ashley Joins Staff FAMU Granted Summary Judgement in Lawsuit Alleging Title IX Discrimination and Retaliation Regulatory Changes, Logistical Challenges Underscore Need for Effective and Practical Annual Title IX Team Training Court Delivers Partial Victory to Niagara in Title IX Case Fairness in Play in WV Secondary Schools Title IX Case By Brian Nuedling, of Jackson Lewis t its most basic level, Title IX is about airness. The principle that opportuni- ties will be offered equally, that moneywill be spent evenly, and that the competition will occur on the playing fields, rather than in the athletic department, is the ultimate goal in what is certainly a more nuanced analysis that it might seem. For decades, courts have wrestled with the subtleties of athletic op- portunities, including the crossover issue that arises when a female student-athlete wants to join the boys team (or vice versa). In such an instance, is it incumbent upon a school to grant the choice of a particular team, or is it enough that the sport ofchoice is sufficiently available, such that no playing time is lost, or athletic opportunities forfeited? Faced recently with deciding where the line should be drawn, a West Virginia court leaned toward the sport, finding that a high school soccer playerwould not likelysucceed in reversing a school decision that kept her from joining the boys team when another option was available to her. In Gregor v. West Virginia Secondary Schools Activities Commission,1 Plaintiff Jo- 1 No. 2:20-cv-00654, 2020 U.S. Dist. LEXIS seph Gregor filed suit in the United States District Court for the Southern District of West Virginia after his daughter, a soccer player, was prohibited from joining the boys team, despite being invited to do so by the boys soccer coach. Anna Gregor, a high school junior, had hoped to join the boys squad as a means of competing at a different level and thereby improving her preparation for college soccer. Her lawsuit brought five claims against the West Virginia SchoolsActivities Commission and the West 199760 (S.D. W. Va. Oct. 27, 2020). See FAIRNESS Page 9 I OPRGH 01 HAKE PULCTOS (HCNEPBLCTIN.CM 2 3 5 7 Spring 2021

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