When 106.45 Applies (Response 8/13/2020)

106.45
Question:

If an investigation is ongoing now for a complaint made June 1 (for conduct that occurred May 1), and the investigation ends on August 1, with a hearing scheduled for the 20th, does the recipient have to apply Section 106.45 compliant procedures to that case?

Answer:

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.