Carleton discusses impact of Title IX regulations

In newly finalized regulations from the U.S. Department of Education, the federal government established new procedures that impose significant changes in the way that K-12 schools and institutions of higher education will handle reports of sexual harassment and sexual violence.  

In a RealClearInvestigations article, “Startin’ in Kindergarten: Lawyering Up on School Sex Abuse,” Bricker education and Title IX attorney Melissa Carleton’s opinion is that the federal rules are “an unfunded mandate.” Compliance will require a significant shift in the duties among administrators who manage sexual misconduct and school disciplinary matters. She says that because Title IX investigations will take an increasing amount of time, outsourcing to external investigators may become more common, which will increase expense. 

In a separate article, “School Bathroom, Sports Battles Loom After Supreme Court Ruling,” Carleton discusses that the recent U.S. Supreme Court decision in Bostock v. Clayton County, Georgia will further complicate Title IX compliance. That case, which provides that Title VII prohibits discrimination against employees on the basis of sexual orientation or transgender status as part of the prohibition against discrimination “on the basis of sex,” is expected to affect the interpretation of Title IX’s similar prohibition against discrimination on the basis of sex by educational institutions. Carleton notes that the application of the case to schools will likely affect access to bathrooms and locker rooms for transgender students.