Office for Civil Rights Rescinds 2011 and 2014 Dear Colleague letters
Today, the Department of Education rescinded the Dear Colleague Letters from 2011 and 2014 which were issued during the Obama administration to provide guidance regarding Title IX investigation into sexual assault and harassment.
The new guidelines will be created through a public comment period. The Office of Civil Rights also released "Q&A on Campus Sexual Misconduct" . The document specifically reminds the public that the "Revised Sexual Harassment Guidance" from the 2001 is still valid guidance on how the OCR will evaluate a school's compliance.
How does this change the world of Title IX compliance? My initial feeling is that it should not change the true goal of Title IX compliance which is to provide fair and equitable treatment to all parties of a Title IX investigation. I will be providing more thoughts shortly but I believe Colleges and Universities need to be even more diligent in creating procedures that guarantee fairness and due process. More thoughts to come.