1、CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Title IX and Sexual Harassment: Education Department Proposes New Regulations March 4, 2019 This past November, the U.S. Department of Education (ED) issued a notice of proposed rulemaking to amend curren
2、t regulations that implement Title IX of the Education Amendments of 1972 (Title IX). Title IX prohibits discrimination on the basis of sex in education programs or activities receiving federal financial assistance. While neither the statute nor its current implementing regulations explicitly addres
3、s sexual harassment, courts and ED have both determined that a schools response to sexual harassment allegations brought by a student must conform to Title IXs bar on sex discrimination. ED has mainly addressed schools responsibilities when responding to sexual harassment allegations through a serie
4、s of guidance documents. These directives, some of which were later withdrawn, have sparked debate about the proper role of schools in addressing sexual misconduct. Some procedures adopted by schools in response to these directives have generated legal challenges by students accused of sexual harass
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