The U.S. Department of Education has released the unofficial version of the final revisions to Title IX of the Education Amendments of 1972. These regulations, which were anticipated for late summer, will be published in the Federal Register on April 29, 2024, and take effect on August 1, 2024, addressing complaints of sex discrimination and harassment from that date onward.
These updated regulations, initially proposed in June 2022, bring significant changes to how federally funded colleges and universities handle reports of sex discrimination and harassment.
Key Revisions
Expanded Definitions and Protections
- Sex Discrimination: Now explicitly includes discrimination based on sex stereotypes, sexual orientation, gender identity, and pregnancy. Institutions must provide accommodations for pregnancy-related conditions and lactation.
- Sex-Based Harassment: Covers unwelcome conduct that severely or pervasively limits participation in educational programs, broadening the previous standard.
- Geographical Scope: Requires addressing discrimination in any program-related activity, even off-campus or abroad.
- Complainants: Allows former students to file complaints.
- Institutional Knowledge: Mandates action when institutions have reasonable knowledge of possible sex discrimination.
Optional Administrative Procedures:
- Single-Investigator Model: Permitted with due process protections.
- Live Hearings: No longer mandatory but allowed.
- Informal Resolutions: Can be offered without a formal complaint and in employee-student harassment cases unless legally prohibited.
- Discretionary Dismissal: Institutions may dismiss complaints for specific reasons, such as inability to identify the respondent.
Action Steps for Institutions
- Colleges and universities must update and publish their Title IX policies by August 1, 2024, and ensure staff training for compliance.
- The Department of Education provides resources to assist in these updates.
QPWB's Commitment to Educational Equity
- For over 50 years, Title IX has promoted equal educational opportunities. The new regulations build on this legacy by ensuring safe, inclusive, and respectful learning environments.
- QPWB is committed to supporting educational institutions in implementing these regulations and promoting a discrimination-free environment.