You have likely heard that on September 22, 2017, the U.S. Department of Education's Office of Civil Rights withdrew the 2011 Dear Colleague Letter on Title IX enforcement and issued new interim guidance for institutions to follow. The Department promised a forthcoming notice and public comment process to develop "an approach to sexual misconduct" that allows for public input. The Department will no longer rely on the withdrawn documents in its enforcement of Title IX. Pending the Department's further guidance, we highlight some of the key similarities and differences under these revised Title IX guidance materials.
Many key aspects of Title IX are still intact. For instance, institutions must still: