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New Title IX Regulations Note that Organizational Ombuds May be Classified as Confidential Employees

IOA was handed a big win today!  Revisions to Title IX were released Friday, 19 April and IOA is thrilled to see the US Department of Education's inclusion of Organizational Ombuds as employees who may be designated as confidential employees for Title IX purposes.  

Since 2012, IOA has actively commented on proposed regulations and other guidance that addresses both Title IX and Clery Act. In 2022, we upped our game. In May 2022, we participated in an Executive Order (EO) 12866 Meeting on Nondiscrimination on the Basis of Sex in Education Programs or Activities to begin planning seeds.  In the Fall of 2022, we filed comments on the formal Notice of Proposed Rulemaking proposal to changes in Title IX. Post filing, we spent several months lobbying US Members of Congress involved in education and safety committees. This resulted in a bipartisan letter that was sent to the Department of Education, supporting our position that Organizational Ombuds may be designated as confidential employees.  

Some Sections from the Commentary:  

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Fall 2023 Advocacy Update

From Ellen Miller, Executive Director, and Advocacy Committee Co-Chairs Sarah Klaper and Mark Patterson 

More good news for higher ed ombuds based in the U.S. 

IOA was proud to sponsor the Clery Center’s 2023 September Summit, where we had the opportunity to introduce Jim Moore from the U.S. Department of Education and do a speed presentation on the role of ombuds prior to his session. Sarah Klaper “pulled back the curtain” to explain how ombuds handle Title IX and Clery issues, while Ellen Miller covered the basics of what OOs do and don’t do. Here is a link to the short slide deck we prepared.  

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Advocacy Committee Update

Advocacy Committee Update:  

Our Advocacy Committee is hard at work preparing resources members can use across sectors to help advocate for ombuds offices in their organizations. These include:  

1) An IOA Organizational Engagement “Triage” Template

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IOA Advocacy Update - U.S. Department of Education

Advocacy Update  

 IOA Advocacy Committee Co-Chair Sarah Klaper and Executive Director Ellen Miller had an exceptionally productive meeting with representatives of the U.S. Department of Education on February 14.  Similar to our congressional meetings last fall, the opportunity to connect with policymakers one-on-one to discuss how organizational ombuds who practice to standards support the campus security landscape proved to be both illuminating and valuable.  The Department is currently in the process of updating the Clery Handbook as new guidance, and we hope to be a resource to the Department, as needed.      

This latest effort reinforces the importance of building relationships for IOA.  Please reach out to Sarah or Ellen if you have any questions.   

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US Title IX June 2022 Update

By Ellen Miller, IOA Executive Director

On June 23, the US Department of Education issued proposed revisions to US Title IX. Once the Notice of Proposed Rulemaking has been issued in the US Federal Register, all stakeholders will have 60 days to comment. 

Per the press release, the proposed new regulations would:

  • Clearly protect students and employees from all forms of sex discrimination.

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Volunteers Needed in Anticipation of Proposed Title IX Amendments

Call to Action

By Ellen Miller, IOA Executive Director

Calling All US Academic Ombuds

We need your help. The US Department of Education has finalized its proposed amendments to Title IX and we expect a Notice of Proposed Rule Making to be issued in the next 60–90 days. According to an abstract previewing the amendments, the following changes may be included to align Title IX with Biden-Harris Administration priorities: 

  • Designation of coordinator
  • Dissemination of policy
  • Adoption of grievance procedures
  • Definitions
  • Recipient’s response to sexual harassment
  • Grievance process for formal complaints of sexual harassment

You may recall that in March 2021, President Biden directed the Department of Education to review changes made to Title IX during the Trump administration that prompted a week of exploratory hearings last summer. IOA participated by submitting comments that encouraged the retention of two amendments to preserve the effectiveness of organizational ombuds on college campuses.

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