Title IX Updates and Resources

VRLC Responds to Narrow, but Impactful Win of Dept. of Education Lawsuit

On July 28, 2021, a Massachusetts federal judge issued a decision in VRLC et al. v. Cardona following a November 2020 trial. Judge Young’s decision vacated one of the most harmful and inequitable parts of the 2020 Title IX Rule commonly referred to as the “exclusionary rule.”

The “exclusionary rule” prohibited from consideration any statements made by parties or witnesses if the individual who made the statement did not submit to cross-examination at a live hearing. The provision yielded deleterious and unreliable results. If at the hearing, a victim answered dozens of questions from the decision-making body, any questions from their own advisor, and answered all but a single question posed by the accused student’s advisor, none of their statements could be relied on by the decision-maker. This meant that any statements a victim made to investigators, law enforcement, nurses, or friends following an assault would be excluded from consideration by decision-makers. While the “exclusionary rule” had a potentially devastating impact on victims, it offered significant advantages to an accused student. If an accused student made an admission of culpability to the victim or even to law enforcement, the accused student could avoid having that admission considered by the decision-maker by simply refusing to submit to cross-examination. Judge Young noted that the provision rendered “the most vital and ultimate hallmark of the investigation — the hearing — a remarkably hollow gesture.”

While Judge Young upheld the remainder of the Title IX rule, the decision is impactful. We now begin the work of advocating for this provision to be removed from college and university policies immediately.

The lawsuit was filed in June 2020 by the National Women’s Law Center, along with our co-counsel Morrison & Foerster LLP and Diane Rosenfeld of Harvard Law School in her individual capacity. VRLC was joined by co-plaintiffs Equal Rights Advocates, Legal Voice, and Chicago Alliance Against Sexual Exploitation.

Tool for Incorporating Trauma-Informed Practices into the Final Title IX Rule Legal Framework

In response to the new Title IX Rule that has changed the legal landscape of Title IX, this tool provides an overview of the Rule’s major changes, outlines the history of those changes, and provides considerations and recommendations for incorporating trauma-informed practices into institutional policy. This tool is designed as a resource for institutions of higher education, but can also be helpful for advocates and advisors interested in some of the major changes in the Rule.

Where to Start: First Steps Toward Implementation of the Title IX Rule for K-12 Districts

This is a primer designed for K-12 districts about the new Title IX Rule. It provides some small but manageable first steps districts can take to establish a robust response to reports of sexual and gender-based harassment and assault.

The Devil is in the Details: A Closer Look at How the New Title IX Rule Harms Victims of Sexual Assault

Article focusing on the insidious details related to the Title IX Rule’s cross-examination requirement. This digs into how the provisions work together to create a system that disadvantages survivors of sexual assault and benefits perpetrators.

VRLC/Clery Webinar Series: Digging Deep into the Intersections of the Clery Act and the New Title IX Rule

This free training series dives deep into three key intersections between the Clery Act and Title IX in the new regulations: Advisors of Choice, Accommodations, and Authorities for Reporting. Each video will highlight one of these topics and will offer considerations to keep in mind when determining who reports under Title IX, how supportive measures will be offered, and how grievance procedures will incorporate an advisor of choice’s role in providing cross-examination.

In April, the Biden Administration announced a comprehensive review of the existing and harmful Title IX regulations that were implemented in 2020. As part of the process, the Office for Civil Rights held a listening session encouraging stakeholders to submit oral and written comments. Click here for VRLC’s comment.

You can find VRLC’s January 2019 comment in response to the proposed rule here.

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