(L-R)Sydney Smith Forquer and Ashling A. Ehrhardt of Cohen Seglias Pallas Greenall & Furman. Courtesy photos
There is little certainty in Title IX these days, given that approximately half of the states are still abiding by the 2020 regulations and the other half by the 2024 regulations. Over 700 institutions of higher education remain affected by this split due to the U.S. District Court for the District of Kansas granting an injunction to Moms for Liberty, Young America’s Foundation and Female Athletes United blocking the enforcement of the 2024 Title IX regulations in any school attended by the children of the interest groups’ members. Given all of this uncertainty, what remains constant?
Colleges and universities must investigate sexual harassment allegations fairly and promptly, whether the 2020 or 2024 regulations are in effect. That has not changed. Let’s take a look at what that means for those involved in investigating sexual misconduct allegations:
