Today, the U.S. Department of Education announced the final version of its new Title IX regulations that govern institutional responses to gender discrimination and sexual harassment. This regulation takes effect on August 1, 2024. The current regulations (from August 2020) are binding until August 1st. K-12 schools, colleges, and universities that receive federal funds have just a few months to revise their Title IX policies and train their keys. Person in charge of new regulations.
The final version of the Title IX regulations is similar in most respects to the proposed regulations issued by the Department of Education in summer 2022, which generated a large amount of public comment, with some supporting the proposed regulations and others criticizing them. There were some opinions. Among the most significant changes, the final rule expands the definitions of sex discrimination and sexual harassment to include discrimination and harassment based on sexual orientation and gender identity. The final rule also expands the geographic scope of Title IX to include more off-campus conduct. Change the definition of hostile environment harassment. Expanding the scope of employee reporting requirements. Require specific and detailed procedures for investigating and resolving complaints of sex discrimination. Where appropriate, expand voluntary informal resolution options for complaints of sexual harassment by students against University staff in the absence of a formal complaint. and involve college students and university students, either through public hearings that implement specific requirements, or a single investigator model with enhanced due process protections that includes a process of assessing credibility through interrogation of parties by decision makers. Permit resolution of sexual harassment complaints. The final rule also formalizes certain protections and accommodation rights for students who are pregnant or have pregnancy-related medical conditions. Employees are also required to provide Title IX Coordinator contact information to students who disclose pregnancy or pregnancy-related symptoms.
The final rule announced today does not include any regulations addressing the application of Title IX to single-sex athletic teams.
Litigation may arise challenging all or some aspects of the final Title IX regulations. The outcome of such litigation is uncertain, given the current and historical disagreements among some federal courts regarding the scope and due process requirements of Title IX. Therefore, it is prudent for institutions to immediately begin taking steps to comply with the new regulations.
An unofficial version of the final rule is available here.
The Department of Education also published a fact sheet and a summary of key provisions.
The Husch Blackwell Education Team will fully analyze the final regulations and will provide additional guidance and clarification in the coming days.
what does this mean to you
The long-awaited final Title IX regulations are now complete, and institutions must comply with them by August 1, 2024. Title IX coordinators and other agency officials will work with legal counsel to analyze the final regulations, revise policies as necessary, and ensure that key personnel are familiar with the new regulations before the start of the 2024-2025 school year. to train.
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For more information about the regulatory impact on your institution, please contact a member of the Husch Blackwell Education Team. Husch Blackwell regularly publishes updates on industry trends and new developments in the law for our clients and friends. If you would like to receive electronic updates and newsletters, please fill out this simple form.
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