What do higher education institutions need to know about Title IX?
As of April 19th, 2024, The U.S. Department of Education (the Department) issued its new Title IX rule, which protects LGBTQI+ students, employees, pregnant students and employees using the civil rights law that prevents gender discrimination in education programs.
The new law defines sex-based harassment, among other things, as harassment that stems from gender identity, sexual orientation, pregnancy and related conditions or sex stereotypes.
The new Title IX regulations will also:
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Permit informal dispute resolution procedures in schools, apart from situations in which students file complaints against staff members
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Safeguard staff members and students who are recuperating from pregnancy termination or who have medical conditions connected to it
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Bring back the single-investigator approach, which permits a single person to act as the Title IX investigator and the case decision-maker
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Give universities additional flexibility to modify Title IX regulations in accordance with their student body sizes, ages and organizational setups
The regulations follow several lengthy delays in the Title IX rule’s finalization, which concerned civil rights advocates who claimed that the rights of LGBTQI+ students were in jeopardy.
Advocates of the proposal put pressure on the Department to complete the regulations before the start of the following academic year. Additionally, they issued a warning about potential difficulties the Department would encounter with the Congressional Review Act, which gives Congress the power to reverse some federal agency acts within 60 days of Congressional workdays.
In September 2021, almost a year before the proposed rule was made public, a group of 20 states filed a lawsuit against the Department, attempting to reverse the agency’s determination that Title IX protections apply to gay and transgender individuals.
Fifteen state attorney generals pressed the department to abandon its plans to amend the 2020 regulation in April 2022, right before the proposal was unveiled, threatening legal action in the process. The proposed rule for 2022 was criticized by those who claimed it misconstrued Title IX and drastically changed the federal law enforcement duties of educational institutions.
Now that the final rule was published in the Federal Register in April, educational institutions have until August 1st to put it into effect. Along with the rule, the Department is anticipated to make available a resource for creating Title IX grievance procedures and policies that adhere to the updated regulations.
“These are designed to help schools speedily come into compliance,” said Catherine Lhamon, Assistant Secretary of Education for Civil Rights of the United States.
Lhamon stated that the agency is available to offer technical assistance and that the guidelines do not impose any additional requirements.
The Biden administration is still reviewing the department’s second final Title IX rule, which addresses transgender students’ participation in Athletics. The final Title IX rule is expected to be published later in Fall 2024.
The final regulations aim to give schools the information they need to fulfill their Title IX requirements while restoring and strengthening essential student protections. They also allow for appropriate discretion and flexibility to accommodate differences in school size, student population and administrative structures.
How Can Schneider Downs Help?
Schneider Downs can help review an institution’s policy around title IX to help keep them in compliance with the new regulations. Our team of experienced risk advisory professionals focus on collaborating with your organization to identify and effectively mitigate risks. Our goal is not only to understand the risks related to potential loss to the organization, but to drive solutions that add value to your organization and advise on opportunities to ensure minimal disruption to your business.
About Schneider Downs Higher Education Services
The Schneider Downs Higher Education industry group is a dedicated team of experienced professionals specializing in serving institutions from high schools to universities. Our experience in audit and assurance, tax advisory, technology and data and more allow our professionals to stay ahead of the latest trends, developments and challenges within the education sector and provide timely and practical solutions to our clients.
To learn more, visit our Higher Education Industry Group page.