Title IX Lessons from DOE Report Finding Clery Act Violations at UNC
The Title IX world is abuzz with expectation about the release of regulations from the U.S. Department of Education’s Office for Civil Rights. The general consensus is that even if the Department makes some changes based on the 100,000+ comments it received on the proposed rules, any final rules released will roll back many Obama-era protections for students reporting sexual misconduct. Yet, even as the Department continues with its plans to lighten the load on institutions in the Title IX sphere, it recently issued a “blistering” report finding numerous Clery Act violations at the University of North Carolina, many of which have implications for Title IX compliance. This situation shows that institutional consequences are still alive and well in Betsy DeVos’s Department of Education, and it’s not the first time in recent history that we have seen this to be true—we’re thinking of the oddly intense decisions from OCR against Chicago Public Schools and Michigan State University. No matter how confusing the Department’s actions may be, it is our job to try to understand and follow the rules, whatever they may be. What can we learn about responding to sexual misconduct and Title IX from this recent Clery report?