The U.S. Department of Education has announced final amendments to Title IX of the Education Reform Act of 1972 regarding how educational institutions must respond to allegations of sex discrimination and sexual harassment. The new regulatory requirements will become effective on August 1, 2024.
The new regulatory requirements replace the 2020 amendments and will remain in effect until August 1, 2024.
Key changes between the 2020 and 2024 Title IX regulations include:
- Postsecondary institutions are not required to conduct live decision hearings, but they do have the option.
- For postsecondary institutions, a complaint filed by an individual or Title IX Coordinator is no longer required to initiate a postsecondary institution's response obligations. Secondary educational institutions must respond promptly and effectively when they become aware of conduct that could reasonably constitute sex discrimination in their educational programs or activities. Additionally, depending on their leadership authority, unclassified employees may report conduct that could reasonably constitute sex discrimination to the Title IX Coordinator or provide the Title IX Coordinator's contact information and information regarding the filing of a complaint. Information must be provided to the reporter.
- In contrast to the exclusion of any conduct that is alleged to have occurred outside of the United States, schools may You must respond even if the conduct occurs outside of your institution's programs or activities or outside of your institution. US.
Other provisions include:
- “Sexual harassment” includes quid pro quo harassment and certain sexual crimes (sexual assault, dating violence, domestic violence, and stalking). and Hostile environmental harassment (based on the totality of the circumstances, subjectively and objectively offensive, and so severe and pervasive that it is difficult to participate in or leave an educational program or activity of an educational institution) undesirable sexual conduct that restricts or denies a person's ability to obtain benefits).
- The term “sex discrimination” includes discrimination based on gender stereotypes, sexual characteristics, pregnancy or related conditions, sexual orientation, and gender identity.
- An educational institution may not segregate or treat an individual differently on the basis of gender in a manner that exposes the individual to more than minimal harm, or where the individual participates in educational programs or activities consistent with his or her gender identity. Do not expose the individual to more than minimal harm by preventing him or her from doing so. Minimize harm.
- Educational institutions must ensure that they do not treat students, employees, or applicants differently on the basis of gender related to parental, familial, or marital status.
- Schools must make adjustments to educational programs or activities by providing reasonable modifications for students related to pregnancy and related illnesses, reasonable breaks for employees to breastfeed, and breastfeeding spaces for students and employees. Equal access must be ensured.
- Schools are obligated to prohibit retaliation (including peer retaliation) and use the same procedures they use for other forms of gender discrimination against conduct that could reasonably be retaliated against. We have to respond.
- The Title IX Coordinator shall monitor the institution's educational programs and activities for barriers to reporting conduct that could reasonably constitute sex discrimination and take steps to address such barriers. There is an additional responsibility to take action.
- The revised grievance procedures for sex discrimination complaints include:
- Reasonable steps to protect the privacy of parties and witnesses during the grievance process.
- If an institution adopts procedures that apply only to the resolution of some complaints, clarify the principles for how the institution will decide which procedures apply.
- Consolidation of complaints permitted in certain circumstances.
- The process of assessing reliability when reliability is controversial and relevant.
- Using a preponderance of the evidence standard to determine whether there has been sex discrimination. However, a clear and convincing standard of evidence may be used if that standard has been used in all other comparable cases.
- A grievance procedure for sexual harassment complaints regarding university students must include the following:
- The process of assessing credibility where credibility is contested and relevant, including questioning parties and witnesses in separate conferences and hearings.and
- Provide written notice of delays in investigation.