Thursday, May 21st, 2020
Title IX, Stop Abusive and Violent Environments, ATIXA President Brett Sokolow, Office for Civil Rights, Section 106.45(b)(10)(i)(D) , Title IX Rule,
Excerpt from thecollegefix.com
Title IX consultants tell colleges to break the law in response to new sexual misconduct rules
The Association of Title IX Administrators hosted a webinar on the new regulation last week. One of the discussion points was the provision on making training materials public, according to the slides from the presentation.
Stop Abusive and Violent Environments, a due process group, made a transcript of the presentation by ATIXA President Brett Sokolow. SAVE said the webinar had more than 4,200 attendees.
Sokolow allegedly warned attendees who use training materials from ATIXA, The NCHERM Group (which he chairs) and other companies that they “cannot be posted publicly, irrespective of what” the department’s Office for Civil Rights says, because those materials are “proprietary and copyrighted”:
And so for materials that are proprietary, our suggestion is that you do the following: that you list those on your website by the type of document, or webinar, or training video, or whatever the materials are, by its title and authorship; but that you don’t include the contents. You just include the title and then you allow members of the public to request access, which will probably be in your office. They are not permitted to have a copy, and they will be able to come in and review the documents or videos that have been used to train your Title IX team….
The Office for Civil Rights apparently noticed ATIXA’s claim that its copyright supersedes duly enacted regulation. Without mentioning the group, OCR wrote a blog post Monday reiterating that Title IX training materials, among other “important information,” must be posted on schools’ websites – no exceptions.
It’s clear, however, that OCR is referring to ATIXA’s claim, going so far as to mention “proprietary business information” such as materials prepared by an “outside consultant”:
Section 106.45(b)(10)(i)(D) does not permit a school to choose whether to post the training materials or offer a public inspection option. Rather, if a school has a website, the school must post the training materials on its website. …
Posting anything less than “all materials” on the website is insufficient. Accordingly, merely listing topics covered by the school’s training of Title IX personnel, or merely summarizing such training materials is not the same as posting “all materials.”
If the training materials are copyrighted or proprietary, “the school still must comply with the Title IX Rule,” the blog post continues: “This may mean that the school has to secure permission from the copyright holder to publish the training materials on the school’s website.”
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