The U.S. Department of Education on Friday, April 19 released its new version of the Title IX regulations on sexual discrimination, harassment, and assault.
The effective date of the new rules is August 1 of this year. In addition to releasing the final rules, the department has issued a fact sheet, a summary of the major provisions, and a resource for drafting Title IX nondiscrimination policies, notices of nondiscrimination, and grievance procedures.
The new regulations reflect an effort to replace significant elements of Title IX implemented during the Trump administration.
At 1,577 pages we can’t conclusively review the regulations but several highlights based on news reports include:
- Changes the standard for sexual harassment from “severe, pervasive, and objectively offensive,” to “sufficiently severe or pervasive.”
- Ends the current requirement that colleges hold live hearings with an opportunity for cross-examination to allow those accused to confront their accusers.
- Clarifies that the sex discrimination protected under Title IX includes discrimination based on sexual orientation and gender identity, and extends new protections to students and employees who are pregnant or parenting.
- Allows colleges to use the “single-investigator” model, by which one person investigates, adjudicates and issues any sanctions against those accused of sexual misconduct.
- Must use “preponderance” of the evidence standard of proof unless the college uses the “clear and convincing” standard in all other comparable proceedings, including those for employees. “Preponderance” is the lower standard of proof.
- Requires campuses to address conduct that’s off-campus or outside the country, which are both currently outside of a college’s jurisdiction.
Notably, the new regulations don’t address the participation of transgender athletes in college sports.
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