Get January 14, 2011 Dear Colleague, As Part Of Our Ongoing Efforts To Create And Maintain A Strong

Title IX states “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance[.]” All federal agencies that provide grants of financial assistance ...

The 2011 Title IX Guidance clearly prohibits schools from allowing mediation between an accused student and a complainant-victim in sexual violence cases. However, they may still offer such an alternative process for other types of complaints, such as sexual harassment.

Title IX states “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance[.]” All federal agencies that provide grants of financial assistance ...

The 2011 Title IX Guidance clearly prohibits schools from allowing mediation between an accused student and a complainant-victim in sexual violence cases. However, they may still offer such an alternative process for other types of complaints, such as sexual harassment.

This specific policy guidance expands Title IX to include cases of sexual harassment and sexual misconduct on campuses. Specifically, the DCL of 2011 serves as a framework for implementing practices that provide students with protective services and that educate students to reduce sexual misconduct incidences.

Background: Title IX The “Dear Colleague” letter used Title IX as an authority to obligate schools to institute certain measures to protect students, primarily female, who are victimized by sexual harassment/assault. These guidelines contained reforms that were widely considered to be hostile to respondents.

This specific policy guidance expands Title IX to include cases of sexual harassment and sexual misconduct on campuses. Specifically, the DCL of 2011 serves as a framework for implementing practices that provide students with protective services and that educate students to reduce sexual misconduct incidences.

Consistent with Supreme Court precedent and the text of Title IX, a school must respond when: (1) the school has actual knowledge of sexual harassment; (2) that occurred within the school's education program or activity; (3) against a person in the United States.