New #TitleIX blog post up from @EDcivilrights regarding the NIBRS and SRS definitions of sexual assault, plus some additional information on dating violence, domestic violence, and stalking. Let's take a peek, shall we? www2.ed.gov/about/offices/…
The blog post discusses the NIBRS and SRS definitions. Previous guidance from the OPEN Center--not reflected in this blog--suggests that schools can pick their own definitions as long as they cover all of the offenses described. atixa.org/open-center/ho…
The blog does not repeat the threshold language re: domestic violence to remind that it is only sexual harassment if it is "on the basis of sex." The definition given will, in many states, encompass child abuse and other domestic violence that is not related to sex.
Bottom line: there are still clarifications that would be helpful. But it's another piece of the compliance puzzle.
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The announcement says the Handbook "created additional requirements and expanded the scope of the statute and regulations." ED says they are concerned "some institutions may have felt pressured to satisfy the non-regulatory or non-statutory based aspects of the guidance..." 👀
Check out their description of your Annual Security Report (which isn't due until 12/31, btw):
Some folks have been asking questions about the #TitleIX regulation that prohibits the use of a statement by a party or witness that does not submit to cross-exam at a hearing: "Can we have someone else testify about what they said?"
Let me point you to some commentary that the U.S. Department of Education offered on this point along with the final regs. Citations are to the unofficial version posted on ED's website: www2.ed.gov/about/offices/…
Page 1169: "– “If a party or witness makes a statement in the video [and then doesn’t appear for cross-examination], then the decision-maker may not rely on the statement of that party or witness in reaching a determination regarding responsibility.”