Recently, new Title IX regulations were released that make significant changes to how institutions respond to sexual harassment and discrimination.
These new regulations also mean that the 2020 changes that required live hearings and cross-examination are void. With the August 1, 2024 compliance date approaching, it is imperative that all institutions review and update their 2020 policies, procedures, and training to align with the new regulations.
Background of Previous Title IX Changes
When Obama was president, Title IX policies more forcefully addressed campus sexual assault cases. However, after Trump’s inauguration, the new administration eliminated that policy.
The 2020 rules created more procedural protection in school grievance resolution procedures. Institutions had to presume that anyone accused of sexual misconduct was not responsible, and the institution had the burden of establishing responsibility. Along with the controversial requirement of live hearings with cross-examination, the definition of sexual harassment was also limited.
Biggest Changes Coming to Title IX
- August 1, 2024, is the effective date.
- The definition of sex discrimination has expanded to include gender identity, sexual orientation, and pregnancy.
- The definition of sex harassment has expanded to include actions that create a hostile environment. This includes sex-based conduct that is subjectively and objectively offensive and prevents a person from participating in or benefiting from a program.
- There is an expansion of the jurisdictional scope of Title IX that covers conduct that impacts programs and activities, regardless of where they occur.
- Grievance hearings have been revised to increase flexibility and permit design procedures to meet the needs of your institution.
- Increased privacy rights for all involved in hearing proceedings.
- Heightened oversight to actively monitor all programs and activities for sex discrimination.
- There are now rules in place to promptly enforce the investigation of sex discrimination cases.
- All employees will be obliged to notify Title IX Coordinators of known or suspected discrimination or harassment.
- Institutions are now required to emphasize supportive measures more during all stages of grievance processes.
How to Prepare for Changes
As you prepare for all the Title IX changes, it’s important to review all of your policies and procedures. To ensure compliance to the new standards, consider organizing formal training sessions. Additionally, provide your compliance officials and leaders with the necessary resources to understand and implement the new rules effectively.