Workplace Investigations in Baton Rouge, Louisiana

Title IX of the Education Amendments of 1972 (“Title IX”) prohibits sex discrimination in an institution’s education programs and activities, as outlined in 20 U.S.C. Section 1681, et seq. This includes provisions for compliance audits to ensure adherence to these regulations.

Additionally, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act” or “Clery”) — amended by the 2013 Reauthorization of the Violence Against Women Act — mandates that institutions participating in federal financial aid programs maintain and disclose campus crime statistics and security information. It also includes requirements for institutional policies, procedures, and educational programming aimed at preventing and responding to sex-based crimes, as referenced in 20 U.S.C. Section 1092(f) and 34 C.F.R. Section 668.46.

Sex-based harassment and violence—including sexual harassment, sexual assault, dating and domestic violence, and stalking—are forms of prohibited sex discrimination that trigger institutional obligations under both Title IX and the Clery Act.

Title IX’s prohibition on sex discrimination applies to all campus community members (i.e., students and employees) and extends to other participants in institutional programs and activities, such as visitors or vendors. Institutions must be vigilant in addressing employment-related issues that arise from such discrimination.

At its core, Title IX requires schools that receive federal funds to appropriately respond to and remedy reports of sex discrimination within their programs and activities. Institutions that tolerate or inadequately address sexual harassment may face significant consequences, including the loss of federal funds or liability for damages under Title IX of the Civil Rights Act.

The U.S. Department of Health, Education, and Welfare, which became the U.S. Department of Education (“ED” or the “Department”) in 1979, along with its Office for Civil Rights (“OCR”), initially issued regulations implementing Title IX in 1975, as set forth in 34 C.F.R. Section 106.1, et seq.

From a high-level perspective, these regulations require covered educational institutions to:

1. Disseminate a notice of non-discrimination (i.e., a Title IX policy);

2. Designate at least one employee to coordinate efforts to comply with and carry out its responsibilities under Title IX (i.e., a Title IX Coordinator); and

3. Adopt and publish grievance procedures providing for the prompt and equitable resolution of complaints of sex discrimination, in accordance with 34 C.F.R. Section 106.8 and 106.9.