An ATIXA Tip of the Week by Kayleigh Baker, J.D. and Brett Sokolow, J.D.
ATIXA created the One Policy, Two Procedures (1P2P) Model Policy and Procedures to innovate a more comprehensive approach for Title IX and civil rights compliance for schools and colleges. ATIXA regularly updates its models to reflect the current state of the law and best practices and has just released Version 6.1 of 1P2P, offering a unified approach to resolving harassment and discrimination complaints for all members of a university’s community.
ATIXA’s approach provides one centralized non-discrimination policy and two sets of robust procedures—one that aligns with the requirements set forth in the 2020 Title IX Regulations as 34 CFR § 106.45 and another that provides a more flexible process that also has significant due process protections built in. This model provides a solution to comply with the 2020 regulations, while also helping schools to ensure compliance with Title VI, Title VII, Title VIII, ADA/504, and applicable state laws.
We’ve been gratified to see this model implemented by hundreds and hundreds of schools over the past five years. As a unique approach, 1P2P offers the following significant key advantages over other models:
- High levels of transparency and user-friendliness
- Unified policies in one place for all forms of harassment and discrimination
- Consistent resolution approaches for faculty, students, and staff
- Robust procedural protections for fairness and due process
- Trauma-informed investigation best practices
ATIXA is releasing Version 6.1 at a time when the civil rights compliance landscape across the country is rapidly evolving—at both the state and federal levels. Over the past decade, we have seen significant changes within the federal regulatory environment as new regulations and interpretations come and go with each new administration. We have seen some states pass laws enhancing due process protections for students and employees in administrative processes like Title IX, but we have also seen states remove some civil rights protections. We have seen federal courts in some areas of the country support expansive civil rights protections for a variety of protected characteristics, but we have seen other federal courts restrict the same. And as public discourse evolves on certain issues, we see new areas of emphasis, public or political pressure, and enforcement.
The result of these shifting dynamics is a veritable hodge podge of requirements across 50 states. Version 6.1 is ATIXA’s response—a model policy widely usable and adaptable across all jurisdictions. Of course, ATIXA always recommends institutions work with legal counsel to determine if ATIXA’s Model Policies and Procedures will meet their needs.
1P2P offers two resolution processes.
- Process A is a Title IX-compliant process that meets the stringent live hearing and cross-examination requirements of § 106.45 of the federal regulations. Process A is designed to cover the specific set of behaviors that fall within the 2020 Title IX Regulations, including sexual harassment, sexual assault, dating violence, domestic violence, and stalking.
- Process B is a robust resolution process that is designed to be less adversarial, more expedient, and more user-friendly. Process B is applicable to all incidents that are subject to mandatory dismissal under the 2020 Title IX Regulations, such as those that occur off-campus. It’s also the default resolution model for other forms of sex discrimination not subject to the 2020 regulations (including disparate treatment allegations for sex-based conduct), and for all other forms of discrimination prohibited by state or federal law other than sex, such as race, age, disability, etc. Institutions can leverage Process B to comply with various state law requirements, federal circuit court holdings, or institutional values.
In our experience since 2020, schools process about 30% of complaints through Process A and about 70% through Process B. So, ironically, the effort in the 2020 regulations to reshape compliance generally affects a minority of cases for most schools and colleges. You might wonder how 1P2P navigates the tricky subjects of sexual orientation or gender identity-based discrimination, and the answer is—with flexibility.
In those states with clear bans on these protections, 1P2P allows users to customize the template to remove or limit protections related to sexual orientation, gender identity, or both. For schools in states with strong protections for gender identity and/or sexual orientation, schools may feel pinched between federal and state expectations. For those institutions, 1P2P offers an option to address a variety of forms of discrimination outside of Title IX through Process B.
ATIXA Members can download 1P2P Version 6.1 today. ATIXA’s P&P Builder is included for Super Members and K-12 Professional Development Package Holders. Not a member? Join today. Looking to upgrade your membership? Email members@atixa.org today.
ATIXA provides Policy and Program Review consulting services to K-12 schools, districts, and higher education institutions of all sizes. Please email inquiry@tngconsulting.com to learn more.