CBA Record January 2018

Y O U N G L A W Y E R S J O U R N A L

EMERGING ISSUES IN THE LAW Title IX Compliance By Michael Kujawa and Jonathan Sommerfeld

O ur nation’s transition into the Trump era has left many on both sides of the aisle with a feeling of uncertainty, to say the least. The Trump administration has caused particular uncer- tainty in the law. This legal uncertainty is felt acutely by those whose practice involves a cornerstone

of civil rights and educational law: Title IX. Generally speaking, Title IX of the Educa- tional Amendments of 1972 (20 U.S.C. § 1681, et seq.) prohibits discrimination on the basis of sex in federally funded educa- tional programs and activities. Congress delegated its authority to implement and enforce Title IX’s mandate to the Depart-

ment of Education (“DOE”). The most debated aspect of Title IX has been its application to sexual harassment in publicly-funded education. Since 1997, the DOE has released a series of guidance documents expounding (and frequently expanding upon) Title IX’s sexual harass- ment mandates, but none have been more

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