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2020 OCR Regulations

The new 2020 OCR regulations state the following:

• The Title IX Rule requires schools’ Title IX Personnel to be unbiased and free from conflicts of interest.
• Title IX personnel include the Title IX Coordinator, investigators, decision-makers, and any person who facilitates an informal resolution.

Schools must ensure that Title IX personnel receive training as follows:

• On Title IX’s definition of “sexual harassment,”
• On the scope of the school’s education program or activity,
• On how to conduct an investigation and grievance process,
• On how to serve impartially, including by avoiding prejudgment of the facts at issue,
• On  how to avoid conflicts of interest and bias,
• Decision-makers must receive training on any technology to be used at a live hearing, and on issues of relevance of questions and evidence, including when questions and evidence about a complainant’s sexual predisposition or prior sexual behavior are not relevant,
• Investigators must receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence.

All materials used to train Title IX personnel:

• Must not rely on sex stereotypes,
• Must promote impartial investigations and adjudications of formal complaints of sexual harassment,
• Must be maintained by the school for at least 7 years,
• Must be publicly available on the school’s website.

(§ 106.45(b)(1)(iii) & § 106.45(b)(10)(i)(D))

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