Final Title IX Regulations Released by the U.S. Department of Education
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The long-awaited final Title IX regulations were released last week by the U.S. Department of Education.
04.29.24
The rules appear similar to what was proposed in June 2022 and significantly impact how universities and colleges must respond to allegations of sexual harassment and assault and expand protections for pregnant and LGBTQ+ students. Specifically, the regulations:
- Aim to protect against all sexual-based discrimination and harassment.
- Promote accountability and fairness by requiring colleges and universities to treat complainants and respondents equitably.
- Empower and support students and their families throughout the process.
Another significant change is that schools will no longer be required to hold live hearings where students cross-examine each other. While hearings can still be held, students will be given an option to participate remotely, and schools must refrain from asking “unclear or harassing” questions.
Relatedly, the regulations change numerous definitions and clarify certain terms. For example, the definition of sexual discrimination was expanded to include discrimination based on sexual orientation and gender identity. Moreover, the definition of retaliation clarifies that nothing in the definition prohibits institutions from requiring employees to participate as a witness in, or otherwise assist with, a Title IX investigation, proceeding or hearing. Finally, the standard for sex-based harassment has been clarified – conduct no longer needs to be “so severe, pervasive, and objectively offensive that it denies a person equal educational access.” Instead, it need only be “so severe or pervasive.”
These regulations replace those implemented by the Trump administration in 2020. Colleges and universities are hopeful that these regulations will remain and not change again in another few years.
Colleges and universities have until August 1st to update their policies and train their employees on the new regulations. More importantly, the new regulations will apply to any complaints of sex discrimination regarding conduct that occurs on or after August 1, 2024.
Author Stephanie Wolbransky is an associate in the Litigation Department and a member of the education practice group at Klehr Harrison.