This course will examine Title IX of the Education Amendments of 1972 and its application in higher education with a focus on the legal and policy issues surrounding the investigation and adjudication of sexual harassment, including sexual violence, on college campuses. Recent national attention to the question of how schools should best address campus sexual assault, coupled with unprecedented activism regarding how best to balance the rights and interests of the accuser and the accused, contribute to a dynamic moment in Title IX jurisprudence. Discussion will focus on the statute, federal regulations, and federal guidance; federal investigations/compliance reviews and recent court cases arising out of litigation; and the realities and challenges of compliance. This course will also include discussion of the impact other federal laws, such as the Clery Act and Family Educational Rights and Privacy Act, on institutional response and compliance. Although the focus of this course is the applicability of Title IX in higher education, most of the concepts and class discussion are applicable to the K-12 setting, as well.
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