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Government,
Education Law

Aug. 17, 2020

Schools must rely more heavily on legal counsel to navigate new Title IX rules

The new Title IX regulations that went into effect at the end of last week preempts state laws that protect individuals from sexual harassment in school settings, at least when it comes to complaints about conduct that meet the regulations' definition of sexual harassment. The new definition, announced by U.S. Secretary of Education Betsy DeVos in May, applies to conduct that is severe, pervasive, and objectively offensive.

California schools will need to rely more heavily on legal counsel to follow new Title IX rules, which established a more narrow definition of sexual harassment while also requiring schools to process complaints about such conduct in a specific way, a labor attorney says.

The new Title IX regulations that went into effect at the end of last week preempts state laws that protect individuals from sexual harassment in school settings, a...

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