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ATIXA's 2024 Program Legal and 2020 OPEN Center Responses

ATIXA announces the OCR 2024 Program Legal & 2020 OPEN Center Response Repository. ATIXA will update responses from the OCR 2024 Program Legal & 2020 OPEN Center as we receive them. Responses are listed in order of date starting with most recent. You may also search responses by topic areas at the top of the page. The OCR 2024 Program Legal & 2020 OPEN Center Blog responses are also linked below the Question/Answer section. If you have received a response from the 2024 Program Legal & 2020 OPEN Center and would like to add it to this repository, please email info@atixa.org.

Search for OPEN Center questions and answers.
2020 OPEN CENTER

Title IX Coordinator as an Informal Resolution Facilitator

Assuming that the Title IX Coordinator is free of any conflict of interest or bias, is the Title IX Coordinator permitted to serve as an Informal Resolution Facilitator?

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2020 OPEN CENTER

Title IX Coordinator as a Non-Decision Making Personnel

Can a Title IX Coordinator serve as a non-decision-making procedural facilitator during the live hearing?

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2020 OPEN CENTER

Title IX Coordinator as Investigator

Can a Title IX Coordinator also serve as an investigator?

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2020 OPEN CENTER

Role of the Title IX Coordinator

Do the Title IX regulations specify who can and cannot serve as a recipient’s Title IX Coordinator?

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2020 OPEN CENTER

Elementary and Secondary School Proceedings: Requirement of Formal Complaint

Are all of the written notifications and opportunities for parties to provide feedback during an investigation of a formal complaint, outlined in 34 C.F.R. § 106.45, required for both elementary and secondary schools, and postsecondary institutions? If not, what Title IX grievance process requirements differ for elementary and secondary schools?

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2020 OPEN CENTER

Elementary and Secondary School Proceedings: Different Process Than Higher Ed?

Do the provisions in the Title IX regulations regarding a complainant’s prior sexual history and sexual predisposition apply at both the elementary and secondary school and postsecondary levels?

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2020 OPEN CENTER

Elementary and Secondary School Proceedings: Prior Sexual History

Do the provisions in the Title IX regulations regarding a complainant’s prior sexual history and sexual predisposition apply at both the elementary and secondary school and postsecondary levels?

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2020 OPEN CENTER

Clery Act and Dismissals

How would a complainant’s request to dismiss, or a postsecondary institution’s decision to dismiss, a formal complaint of sexual harassment under Title IX affect the postsecondary institution’s responsibility under the Clery Act?

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2020 OPEN CENTER

Clery Act Descriptions

Do the Title IX regulations intend to mirror Clery Act geography in all off-campus descriptions?

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2020 OPEN CENTER

Complainant and Confidentiality

How can a recipient address a complainant’s request for confidentiality, including in instances where a Title IX Coordinator signs the formal complaint initiating an investigation into a complainant’s sexual harassment allegations?

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