AESA Submits Comments on Proposed Changes
The AESA Federal Advocacy Committee, that met recently in January, voted to have AESA submit comments on proposed changes to how school districts respond to and investigate allegations of student sexual misconduct under Title IX.
Proposed Changes Have the Potential to Increase Litigation and Training
Taken as a whole, the proposed Title IX regulations would greatly alter the policies and practices from the 2001 Title IX guidance that district personnel have implemented for almost two decades. Further, these regulations have the potential to increase the likelihood of litigation in districts because they so severely restrict when and how districts can investigate and under what circumstances students can report. As a result, the committee is deeply worried that students may be less likely to view the Office of Civil Rights (OCR) as the main avenue for addressing and resolving their Title IX complaints against schools and instead pursue formal litigation against districts.
Also, the new regulations will require significant new training of district personnel and cause confusion to school personnel regarding their responsibilities to report sexual harassment, including sexual assault.