Title IX Update: OCR Q&A on Title IX and Sexual Violence [Higher-Ed/College Athletics Best Practices Alert (Second Quarter 2014)]

Author: Michael L. Buckner, Esquire (Shareholder)

On April 29, 2014, the United States Department of Education Office for Civil Rights (“OCR”) issued a guidance “describing the responsibilities of colleges, universities and public schools to address sexual violence and other forms of sex discrimination under Title IX of the Education Amendments of 1972.”  The April 29 guidance is organized in a question and answer format and is intended to provide additional clarification on the legal requirements and guidance contained in the 2011 Dear Colleague Letter and OCR's 2001 guidance. The April 29 guidance includes “examples of proactive efforts schools can take to prevent sexual violence and remedies schools may use to end such conduct, prevent its recurrence, and address its effects. The frequently asked questions examine critical issues, including when schools should respect students' request for confidentiality, when schools should take immediate steps to protect students who complain about sexual violence from the alleged perpetrator and potential retaliation, and how to determine whether sexual violence occurred and the appropriate remedies for such violence. The guidance also clarifies that its terms apply to all students, including lesbian and gay students, transgender students and undocumented students.”

A copy of the guidance can be downloaded at the United States Department of Education Office of Civil Rights website or by clicking here.

Contact Michael L. Buckner (954-941-1844; for additional information on Title IX compliance and investigations.