Client Alert: U.S. Department of Education Releases Updated Title IX Regulations

Better late than never? You be the judge, but late last week the United States Department of Education (USDOE) finally released the updated Title IX regulations that have been in the works since the USDOE began its review process back in March 2021. We will provide a comprehensive overview in the coming weeks. In the meantime, you can peruse the USDOE’s press release, and/or check out the fact sheet and summary documents it has published.
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The new regulations will take effect on August 1, 2024, so school leaders and Title IX Coordinators have some time to review the changes and get ready to amend their policies and coordinate all the necessary professional development and community outreach. Barton Gilman will be here every step of the way to support our clients and ensure that you are fully prepared to understand and comply with these new regulations. We have been monitoring this process since its inception, so we are familiar with the text of the new regulations, and updating our own professional training and certifications to ensure that we master all the nuances of this complex regulatory framework.
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For example, a couple of new wrinkles that may be of particular interest:
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• Gone is the “severe, pervasive and objectively offensive” standard for “hostile environment” sexual harassment. The new regulations now define hostile environment sexual harassment as “unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the recipient’s education program or activity.”
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• The new regulations will permit a “single investigator” approach, which allows an individual to serve as both the Title IX investigator and Decision-Maker.
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• There is now a higher threshold for Coordinator-initiated complaints. Under the new regulations, if there is a report of alleged sexual harassment or discrimination but no one involved files a Formal Complaint, the Title IX Coordinator may initiate a complaint only if the alleged conduct presents an imminent and serious threat to someone’s health or safety or prevents the local educational agency (LEA) from ensuring equal access based on sex to its education program or activity.
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• There are heightened restrictions on the disclosure of personally identifiable information that may be obtained during the course of an investigation.
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The Association of Title IX Administrators (ATIXA) is hosting a free webinar today, April 24, at 1 pm, which is open to the public. Register for the webinar here.
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Much more to come. If your school has any questions or concerns regarding the updated Title IX regulations and implications, please do not hesitate to contact Matthew Plain, Tim Groves, or your Barton Gilman attorney at 401-273-7171 or 617-654-8200.