The Fourth Circuit Court of Appeals recently decided what constitutes actual notice for sexual harassment in Title IX cases. A school has actual knowledge, also referred to as actual notice, when a report is made to any school official, regardless of whether the school has substantiated the facts of the alleged assault. This ruling impacts schools and other organizations subject to Title IX if they fail to properly protect students and investigate claims once a…

A Closer Look: Internal Investigations

Handling Allegations of Racism in the Workplace—Would Your Company Have Done Better Than the Palace?

By Julie Grohovsky & Brionna Denby

March 25, 2021

Oprah Winfrey’s primetime television interview with the Duke and Duchess of Sussex, Prince Harry and Meghan Markle, revealed deep issues within the workings of a historic institution, one we only read about in books or watch on fictional shows like “The Crown.” While the former senior members of the royal family were talking about their feelings and treatment under the backdrop of family dynamics, they were also discussing a monarchy with an institutional framework that…

A Closer Look: Internal Investigations

Changes Ahead: Title IX Regulations Revisited by Biden Administration

By Brionna Denby

March 11, 2021

Less than 50 days into his presidency, President Biden signed an executive order on March 8, 2021, directing the U.S. Department of Education (DOE) to conduct a review of the controversial Title IX regulations (the Rules) that were spearheaded by the previous Secretary of Education, Betsy DeVos, to determine if they align with the policies of the Biden administration. This executive order signals the importance of Title IX to the new administration. President Biden’s directive…

A Closer Look: Internal Investigations

The Regulations Remain – Federal Judge Denies State AG’s Challenges to the New Title IX Regulations

By Brionna Denby

August 20, 2020

Judge gavel or auction hammer icon with long shadow.

Despite 18 attorneys general, including Delaware, Pennsylvania, New York, and Washington, DC, vigorously challenging the substance of the new Title IX Regulations (the Final Rule) and its August 14 effective date by filing a Motion for Preliminary Injunction, two days before the regulations were set to take effect, federal District Court Judge Carl Nichols issued an opinion denying the injunction. The U.S. Department of Education (DOE) released an unofficial version of the Final Rules…

A Closer Look: Internal Investigations

State Attorneys General First to Formally Challenge New Title IX Regulations

By Brionna Denby

June 11, 2020

While many individuals and organizations have provided commentary and criticism over the revised Title IX regulations (the Rules) released in early May amidst the COVID-19 pandemic, 18 states’ attorneys general have collaborated to file suit challenging the changes to the Rules. The suit filed on June 4, 2020, in the U.S. District Court for the District of Columbia is believed to be the first to challenge the controversial revisions to the Title IX regulations. The…

A Closer Look: Internal Investigations

Yes, It’s True: Department of Education Issues Title IX Regulations During a Pandemic

By Shanlon Wu & Ashling A. Ehrhardt

May 7, 2020

Who would have thought in the fall of 2019, when we were all waiting with bated breath for U.S. Secretary of Education Betsy DeVos to issue the new Title IX regulations that the regulations would instead be issued in the spring during a pandemic? Yes, indeed— the new Title IX regulations are here and have arrived when all students and educators are working remotely. Of particular note: Cross-Examination: Cross-exam is now permitted by “advisors” to…

A Closer Look: Internal Investigations

Correspondence Encourages the DOE Not to Release New Title IX Regulations Amidst the COVID-19 Pandemic

By Kate Emert Gleason

April 9, 2020

Just a few short weeks ago, college students were in the midst of their spring semester, contemplating spring break, finals, graduation, and athletic conferences. At the same time, members of higher education institutions anticipated the release of the Department of Education’s (DOE) final version of the proposed Title IX regulations. As of the beginning of the year, the DOE sent a finalized version of the regulations to the White House Office of Management and…

A Closer Look: Internal Investigations

New Title IX Enforcement Initiative to Address Sexual Misconduct in K-12 Public Schools

By Brionna Denby

February 28, 2020

This week, the United States Department of Education (DOE) announced a new Title IX enforcement initiative led by the DOE’s Office for Civil Rights (OCR) to combat the rise of sexual harassment, sexual assault, sexual misconduct, and sexual violence incidents occurring in elementary and secondary (K-12) public schools involving both student-on-student and staff-on-student incidents. OCR is an enforcement arm of the United States Department of Education which enforces a number of civil rights laws in…

A Closer Look: Internal Investigations

House Reps Introduce Last-Minute Bill That Would Block Proposed Title IX Regulations Before Their Imminent Release

By Kate Emert Gleason

January 6, 2020

In November 2018, the U.S. Department of Education (DOE) proposed new Title IX regulations concerning sexual harassment, including sexual assault, and received over 100,000 comments during the public comment period. As of today, the regulations have not been finalized. However, four congresspersons recently introduced legislation in the House of Representatives that would prohibit implementation of the proposed Title IX regulations. The bill, H.R. 5388, introduced by Representative Elissa Slotkin and co-sponsored by Representatives Ayanna…

A Closer Look: Internal Investigations

Top Ten Pitfalls of Title IX Investigations and How to Avoid Them

By Ashling A. Ehrhardt

November 8, 2019

Top Ten Pitfalls of Title IX Investigations and How to Avoid Them

Fall is here and in full swing! Many of us thought that as we sipped hot apple cider and watched the leaves on the trees change color, we would also be mulling over the new regulations issued by the U.S. Department of Education. Betsy DeVos’ timetable is clearly not ours. While we wait for the regulations to be issued, let us look at our current Title IX investigations and what we can do to improve…

A Closer Look: Internal Investigations

Legal Blog with Information & Resources on Internal Investigations

Blog Authors

Doe v. Fairfax Ruling: Sexual Assault Reports Constitute Actual Notice

Handling Allegations of Racism in the Workplace—Would Your Company Have Done Better Than the Palace?

Changes Ahead: Title IX Regulations Revisited by Biden Administration

The Regulations Remain – Federal Judge Denies State AG’s Challenges to the New Title IX Regulations

State Attorneys General First to Formally Challenge New Title IX Regulations

Yes, It’s True: Department of Education Issues Title IX Regulations During a Pandemic

Correspondence Encourages the DOE Not to Release New Title IX Regulations Amidst the COVID-19 Pandemic

New Title IX Enforcement Initiative to Address Sexual Misconduct in K-12 Public Schools

House Reps Introduce Last-Minute Bill That Would Block Proposed Title IX Regulations Before Their Imminent Release

Top Ten Pitfalls of Title IX Investigations and How to Avoid Them

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