Timing (Response 8/13/2020)
What should recipients do with cases where responsibility has been found already, but the matter is either in the appeals or sanctioning phase and still will be when the regs become effective on August 14th? Are recipients required to roll everything back and hold a 106.45 hearing before they are able to sanction a respondent or can they continue with the current process for cases that have already established a finding?
The new Title IX Rule does not apply retroactively. The Department will enforce the Rule with respect to sexual harassment that allegedly occurred on or after the effective date of the Rule (i.e., August 14, 2020). This OCR Blog post has further information.