The policy debate and the divergent views expressed in the mainstream media have provided little practical advice regarding the Additional Clarification or the Model Survey to the well-intentioned academic institution seeking to comply with Title IX in a cost-effective manner. This Article is intended to be a source of such practical advice. This Article discusses the Additional Clarification from the perspective of the academic institution and seeks to help it evaluate whether to implement the OCR's recommendations, including the Model Survey, as part of its Title IX compliance program. The Article does not engage in the policy debate regarding the Additional Clarification or Title IX enforcement policy generally. Section I of this Article discusses Prong Three from a historical perspective, to place the Additional Clarification in context. Section II summarizes the contributions of the Additional Clarification to the Title IX compliance landscape and explains the OCR's recommendations for using the Model Survey. Section III discusses possible advantages and disadvantages of using the Model Survey. Section IV suggests an approach to using the Model Survey as an ongoing component of a Title IX compliance monitoring program.
John J. Almond and Daniel A. Cohen,
Navigating Into the New "Safe Harbor": Model Interest Surveys as a New Tool for Title IX Compliance Programs,
8 Vanderbilt Journal of Entertainment and Technology Law
Available at: https://scholarship.law.vanderbilt.edu/jetlaw/vol8/iss1/1