The U.S. Department of Education released its final Title IX regulations on April 19, 2024. These regulations aim to ensure all students and employees are protected from sex discrimination in education programs and activities receiving federal financial assistance.(1)
Key Points:
- Expanded Protections: The final rule restores and reinforces full protections against sexual violence and other forms of sexual harassment. This includes harassment based on sex stereotypes, sexual orientation, gender identity, and sex characteristics, clarifying protections for LGBTQ+ students.
- Revised Procedures: Schools have more flexibility in designing their grievance processes but must still ensure fairness and due process for both the alleged victim and perpetrator. Live hearings are no longer mandatory, but schools must offer them as an option under certain circumstances.
- Supportive Environment: Schools must create a supportive environment for those who report discrimination. This includes providing resources, counseling, and interim measures to ensure safety and continued education. The regulations emphasize prompt and effective remedies for victims.
- Pregnancy and Parental Rights: The final regulations clarify that Title IX recipients must protect students, employees, and applicants from discrimination based on pregnancy, childbirth, termination of pregnancy, lactation, related medical conditions, or recovery. This includes providing reasonable modifications for pregnant or parenting students and employees.
- Designation of Title IX Coordinator: Each school must still designate a Title IX Coordinator responsible for addressing sex discrimination complaints. However, the regulations allow for schools to designate a team or office to fulfill this role.(2)
The regulations go into effect on August 1, 2024, and apply to complaints of sex discrimination occurring on or after that date.
Stay Informed:
This is a significant change with ongoing discussions. Stay informed by contacting your attorney or following reputable sources like the Department of Education and trusted legal resources.
Please note: This blog post is strictly informational and does not constitute legal advice. Reach out to your General Counsel or Business Attorney to see how this may affect you.
Does this impact your school? Reach out today for more information on how we can help.
References:
- Overview of Title IX – https://www2.ed.gov/about/offices/list/ocr/docs/titleix-overview.pdf
- FIRE Submits Comment on Proposed Title IX Regulations – https://www.thefire.org/news/fire-submits-comment-department-education-proposed-title-ix-regulations