Expanding the Scope of Title IX

One of the most notable changes from the Department of Education is the broadened scope of Title IX. Previously, the 2020 regulations focused solely on an institution’s response to sexual harassment. The 2024 updates now encompass all forms of sex discrimination, including but not limited to sexual harassment (now called sex-based harassment). This includes discrimination based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. This broader scope aims to create a more inclusive and protective environment for all students and employees.

Procedural Changes: Hearings and Investigations

The 2024 Title IX regulations bring flexibility to the procedural aspects of handling complaints and investigations. Schools are no longer mandated to conduct live hearings, a process that was often seen as intimidating and potentially traumatic (though that is not always the case!). Instead, schools can opt for individual meetings with the decision-maker.

The definition of complainant has been expanded to include not just current students and employees, but also former students, former employees, volunteers, and guest speakers. This inclusive approach makes it possible for any individual connected to the educational institution to make a complaint under Title IX.

Training Requirements

A critical aspect of the new regulations is the requirement for comprehensive training. By August 1, 2024, all employees must be trained in the updated Title IX 2024 regulations. This training includes understanding the scope of prohibited conduct, reporting procedures, and the school’s required response to reports. Continuous training is mandated to ensure ongoing compliance and awareness among staff and faculty.

Title IX Beyond U.S. Borders

An interesting development in the 2024 regulations is the application of Title IX protections to incidents occurring outside the United States. While the law cannot be enforced abroad, incidents that create a hostile environment upon a student’s return to campus fall under Title IX. Schools must be prepared to address such cases and provide the necessary support and resources to affected students.

Challenges and Implementation

Implementing these changes by the August 1st deadline presents challenges, particularly given the brief timeline and the need for comprehensive policy revisions. Schools must navigate the complexities of updating policies, training staff, and ensuring compliance amidst ongoing legal challenges. Recent injunctions in numerous states have added to the uncertainty, with some institutions opting to stick with the 2020 regulations until further clarity is provided.

Conclusion

The 2024 Title IX regulations represent a significant shift towards a more inclusive and supportive framework for addressing sex discrimination in educational institutions. While the changes bring challenges, they also offer opportunities to create safer and more equitable campus environments. Staying informed and proactive is crucial for schools, students, and employees to navigate these new regulations.

For more information on the 2024 Title IX regulations, explore our 2024 Title IX Resource page or contact Adrienne Mathis at adrienne@titleixsolutions.com.