Federal Title IX Guidelines
Federal injunction delays implementation of Title IX Final Rule in ÐÓ°ÉÔ°æ
In early July, a federal judge the Biden administration’s 2024 Title IX final rule from going into effect in four states, including ÐÓ°ÉÔ°æ. This makes 14 states where the final rule is now on hold by judicial order.
Current university nondiscrimination policies and regulations remain under review. Any proposed changes to these policies or regulations, including the potential combination of all nondiscrimination policies into a single comprehensive nondiscrimination policy, will follow the standard review process.
Pending the outcome of the court case or further changes in federal regulations under Title IX, reports of alleged discrimination under Title IX will be handled using the university Title IX policy in effect at the time the incident being reported occurred.
The U.S. Department of Education released the long-awaited final on Friday, April 19, with the objective that no person experiences sex discrimination, including sex-based harassment or sexual violence, in federally funded education. The new regulations will go into effect on August 1, 2024, and apply to complaints of sex discrimination regarding alleged conduct that occurs on or after that date.
The regulations are over 1,500 pages. While the final regulations have maintained most of the elements from the proposed regulations, they also include some notable changes.
Among other things, the regulations include requirements and clarify the University’s obligation to:
- Prevent and address all sex discrimination, including discrimination based on sexual orientation, gender identity, and pregnancy status.
- Prevent and address sex-based harassment, which is a subset of sex discrimination and includes sexual assault, relationship violence, stalking, hostile environment harassment, and quid pro quo harassment.
- Require more ÐÓ°ÉÔ°æs to inform the Title IX Office of instances of sex discrimination.
- Provide supportive measures for individuals impacted by sex discrimination.
- Provide grievance procedures for complaints of sex discrimination, including some required and some optional process steps.
- Protect educational access for students experiencing pregnancy and related conditions.
- Ensure all ÐÓ°ÉÔ°æs complete annual Title IX training.
Here are links to the official announcement and related documents for more information: