On July 10, 2026, the US Department of Education’s Office for Civil Rights (OCR) issued a Dear Colleague Letter (DCL) reminding all federally funded educational institutions of their obligations to protect students from sexual misconduct by adults in positions of authority. The DCL targets the practice commonly known as “passing the trash,” which occurs when an accused employee quietly departs the school in ways that shield the individual from accountability and enables the potential for continued harm in a new school. Simultaneously when issuing the DCL, OCR announced a national K–12 enforcement initiative and disclosed that it has opened 20 directed investigations into school districts whose Civil Rights Data Collection (CRDC) submissions suggest inadequate responses to staff-on-student sexual misconduct.
Although the enforcement initiative is focused on K–12 school districts, the DCL reiterates legal obligations that apply to all recipients of federal financial assistance, including K–12 schools, colleges and universities.
Title IX requires institutions to respond promptly and in a manner that is not deliberately indifferent once they have actual knowledge of sexual harassment in their programs or activities, including sexual harassment by teachers or other staff members that impacts students.
The 2020 Title IX regulations require grievance procedures that are timely, thorough, and responsive. The DCL reaffirms that a referral to law enforcement does...
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