Updates from the CEO

The latest update from Albert Roberson, on where the civil rights docket is heading this term.

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The frameworks we work in

20 U.S.C. § 1681 · 34 CFR Part 106

Title IX

Prohibits discrimination on the basis of sex in education programs and activities that receive federal financial assistance. It is the framework most institutions know by name and the one they most often run badly.

What it covers

Sex-based harassment

Including sexual assault, dating and domestic violence, and stalking, where the conduct affects access to the education program.

Sex discrimination

In admissions, athletics, employment within the program, and access to courses, facilities, and activities.

Pregnancy and parental status

Discrimination on the basis of pregnancy, childbirth, and related conditions, including leave and accommodation.

Retaliation

Against anyone who reports, participates in a process, or refuses to participate. Retaliation is a separate violation.

Who it applies to

Recipients
Any education program or activity receiving federal financial assistance, which in practice means nearly every public district and almost all colleges and universities.
Enforcement
The Department of Education Office for Civil Rights, through complaints, compliance reviews, and resolution agreements. Private litigation is also available.
Scope
Conduct in the institution’s programs and activities, including off-campus settings the institution exercises substantial control over.

What has to be in place

The structural obligations, stated plainly. Specifics vary by institution and by state.

  1. A designated coordinator

    A named Title IX Coordinator with actual authority, whose contact details are published and easy to find.

  2. Published notice and policy

    A notice of nondiscrimination and a grievance procedure that describes what will actually happen, in the order it happens.

  3. A working intake path

    A way for anyone to report, and a documented response when the institution knows or should have known.

  4. Supportive measures

    Available regardless of whether anyone files, offered and documented at the time rather than reconstructed later.

  5. Trained people

    Coordinators, investigators, decision makers, and appeal officers trained on the process they are running, with materials retained.

  6. A retained record

    Documentation sufficient for a reviewer to follow what happened, when, and why.

Where it usually goes wrong

Institutions rarely lose on the underlying conduct. They lose on the file: intake that was never documented at the time, a timeline that moved without a written extension, a coordinator without real authority, or a policy that no longer describes what the office actually does. Every one of those is visible months before anyone files.

Read the questions we get

This page is a general overview written by compliance practitioners, not legal advice. Fractional Coordinator is a civil rights compliance firm, not a law firm. Regulations change, and how a framework applies depends on your institution and your facts. Confirm with counsel before making an institutional decision.

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