The DOE has released new Title IX guidance. Here is the official DOE Page.

Just from a quick scan, the thing that stands out to me is the focus on the language "sexual violence" instead of "sexual harassment."

 Sexual harassment of students, which includes acts of sexual violence, is a form of sex discrimination prohibited by Title IX. In order to assist recipients, which include school districts, colleges, and universities (hereinafter “schools” or “recipients”) in meeting these obligations, this letter explains that the requirements of Title IX pertaining to sexual harassment also cover sexual  violence, and lays out the specific Title IX requirements applicable to sexual violence.  Sexual harassment of students, which includes acts of sexual violence, is a form of sex discrimination prohibited by Title IX. In order to assist recipients, which include school districts, colleges, anduniversities (hereinafter “schools” or “recipients”) in meeting these obligations, this letter1explains that the requirements of Title IX pertaining to sexual harassment also cover sexual violence, and lays out the specific Title IX requirements applicable to sexual violence.

I'm not sure the purpose of this, whether this was just meant to cover a small component of Title IX, or to try to redirect the broader discussion (hopefully just the former). Either way, I don't really like the move. Title IX is much broader than just what comes to mind when we hear the term "sexual violence." Additionally, I think more clarification is needed on the harassment part than on the violence part. I feel practitioners are pretty good at distinguishing and punishing violence, but not so good at distinguishing and punishing harassment. There is far too much sexual violence, don't get me wrong, so focusing on that is a worthwhile endeavor and much of the guidance seems aimed at prevention procedures. But, I hope this is not going to take the spotlight away from the harassment and bullying components of Title IX - which still need a lot of clarification. 

Thanks to Jason Block (who you will be hearing a lot more from over the next couple years) for the tip. 

You can see some of our comments on the last DOE guidance on bullying here - plus, why I love ELA.