In April of 2024, the Department of Education approved New Title IX rules, which are scheduled to take effect on August 1, 2024. Our firm is closely monitoring ongoing challenges to these new rules in court, and is working hard to provide you the most up-to-date information. Click here to learn about the current state of Title IX and how we can help if you are facing accusations.
Under the Title IX Final Rule, a K-12 school or other institution that is not a post-secondary institution may have a live hearing with cross-examination, although it is not required to do so. The K-12 school, for example, can decide responsibility either through a live hearing with cross-examination or through the investigation process. Whether the school has a live hearing or not, cross-examination would still take place at a prior point in the process.
After the investigation report is initially provided to the parties, the complainant, the respondent, the parties who would have a designated amount of time to follow up with relevant cross-examination questions that would be presented to the other party and a response would be provided and there would be limited follow-up. Fundamentally, a K-12 school or other institution that is not a post-secondary institution does not have to have a live hearing, although they are allowed to do so. Having an experienced attorney advisor will be your best ally if you're facing a Title IX concern or a Title IX case. They can help you navigate and understand the process.
