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Title IX
Thank you for visiting Rogers & Hardin LLP’s Title IX webpage. We hope that you find our materials to be helpful. If you have any questions, please feel free to email us.
The Office for Civil Rights issued its "Additional Clarification" in March 2005 to provide further guidance about Prong Three of the so-called Three-Prong Test that the OCR uses to monitor compliance with provisions of Title IX. Specifically, the Additional Clarification permits schools to demonstrate compliance with Title IX by administering a "Model Survey" to its undergraduate student body to assess students’ interests and abilities to participate in intercollegiate athletics.
The Additional Clarification has been controversial and has received a fair amount of attention in the national media. Most of the public discussion, however, has focused on issues of public policy and has provided little practical guidance to academic institutions seeking to achieve compliance with Title IX.
As legal counselors who regularly advise clients on regulatory compliance, John J. Almond and Daniel A. Cohen* have analyzed the Additional Clarification, the Model Survey, and their impact on the Title IX compliance landscape, and have prepared an article that provides practical information for university and college administrators responsible for Title IX compliance. The article, Navigating into the New "Safe Harbor" - Model Interest Surveys as a New Tool for Title IX Compliance Programs, has been published in the Winter 2005 edition of the Vanderbilt Journal of Entertainment and Technology Law at 8 Vand. J. Ent. & Tech. L. 1 (2005).
Mr. Almond and Mr. Cohen take no position on the policy question of whether the Model Survey is an appropriate means of measuring student interests. Rather, their article evaluates considerations for and against using the Model Survey, given that it has been endorsed by the federal agency primarily responsible for enforcing Title IX and could provide important legal safeguards.
* John J. Almond and Daniel A. Cohen are attorneys with the law firm of Rogers & Hardin LLP in Atlanta. Mr. Almond, a partner in the firm, has counseled and defended clients in litigation and regulatory compliance matters for over twenty-five years. Mr. Cohen is a senior associate with the firm. Before joining Rogers & Hardin LLP, Mr. Cohen worked with institutions in the Atlantic Coast Conference and the Southeastern Conference in regard to Title IX issues. Messrs. Almond and Cohen can be reached at, respectively, jalmond@rh-law.com and dcohen@rh-law.com.
Legal Consultation
John J. Almond and Daniel A. Cohen are available for legal consultation in connection with Title IX, including: compliance plans, investigations, litigation, audits, gender equity self-studies, feasibility studies, and other matters.
Speaking Engagements
John J. Almond and Daniel A. Cohen are available to speak about Title IX compliance. Some programs may carry CLE credit.
Daniel A. Cohen testified before the U.S. Commission on Civil Rights on May 11, 2007 in connection with its hearing on “Title IX Athletics: Accommodating Interest and Abilities.”
Links:
1.) R&H Title IX Publications
2.) Recent Media Coverage
3.) Other Resources
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