About Title IX
Periodically, the Office for Civil Rights (OCR) releases policy guidance to address questions regarding the Final Title IX Rule.
View and download the full policy guidance from the OCR below.
August 24, 2021
July 20, 2021
January 15, 2021
September 4, 2020
Find the Official Publication here.
On May 6, 2020, the U.S. Department of Education released the final Title IX regulations.
These new regulations include new definitions, responsibilities for university employees, and grievance procedures for involved parties. To learn more about the new regulations, we encourage you to check out our webinar “Handling Complaints under the New Title IX Regulations.”
The U.S. Department of Education also released numerous resources regarding the new Title IX Regulations, including:
- Title IX Regulations Addressing Sexual Harassment (Unofficial Copy)
- Title IX: Fact Sheet: Final Title IX Regulations
- Title IX: U.S. Department of Education Title IX Final Rule Overview
- Title IX: Summary of Major Provisions of the Department of Education’s Title IX Final Rule
- Title IX: Summary of Major Provisions of the Department of Education’s Title IX Final Rule and Comparison to the NPRM
- OCR Webinar: Title IX Regulations Addressing Sexual Harassment (Length: 01:11:29) 05/06/2020
The statistics on sexual violence are deeply troubling. A report prepared for the National Institute of Justice found that approximately 1 in 5 females are survivors of completed or attempted sexual assault while in college. The report also found that approximately 6 percent of males were survivors of completed or attempted sexual assault during college. This problem is not limited to colleges. There are over 800 reported incidents of rape and attempted rape recorded annually at public high schools. Additionally, 3,800 reported incidents of other sexual batteries occur at public high schools, on average.
“Title IX” refers to Title IX of the Education Amendments of 1972. It prohibits discrimination on the basis of sex in education programs or activities operated by recipients of federal financial assistance. Under Title IX, colleges and universities are required to conduct adequate, reliable and impartial investigations of every complaint related to an alleged incident of sexual discrimination, including sexual misconduct. Institutions can choose from a variety of models: campus investigators, public safety personnel, sworn law enforcement officers, outside investigators, student conduct staff, human resources personnel, or the Title IX coordinator.
In 2011, the Department of Education, Office of Civil Rights, issued a “Dear Colleague” letter. This letter set forth guidelines for schools to follow in providing resources to students regarding sexual misconduct on campuses. It also addressed the handling of investigations of alleged incidents, methods of response to address the concerns of the involved students and the hearing and discipline processes.
In September 2017, the Department of Education issued a “Q & A on Campus Sexual Misconduct” updating these guidelines. A copy of the Q & A may be found here.
Title IX and the guidance that surrounds it are both technical and continuously changing. Even one overlooked guideline poses a major threat to educational institutions and their ability to serve students while complying with Title IX.
In a time of changing guidelines and an uncertainty of the future of Title IX investigations, your institution needs a team of experts to help navigate through the fog.