Newly Effective Title IX Rules Provide Protections Against Sex Discrimination

Title IX of the Department of Education Act has been in place for more than 50 years to provide an educational environment free from discrimination on the basis of sex. Initially, these provisions were to give women equal access to athletic programs in schools that receive federal funding. The rules have advanced to ensure that no person experiences sex discrimination, including sex-based harassment or sexual violence. The updated rules clarify the definition of sex-based harassment and the scope of sex discrimination, including the school’s obligation not to discriminate based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.

“The overall goal is to provide a school environment that is safe, welcoming, and respectful to the rights of all students and employees, as well as enabling support and a fair investigation to all that are involved,” said Sara Gibson, Senior Risk Control Manager at Safety National. “While the rules apply to both K-12 and higher education, individual institutional procedures are allowed and will need to be adjusted to fit these student populations that vary in age.”

Here are a few of the key provision changes and goals for schools:

• Assigning a trained and designated Title IX Coordinator. Additionally, the school must adopt, publish, and train employees on nondiscrimination policies and grievance procedures. This ensures prompt and effective action to end any sex discrimination in education programs or activities, preventing its recurrence and remedying its effects.
• Offering supportive measures, as appropriate. This required assistance may help restore or preserve access to the educational program during the grievance procedure or the informal resolution process.
• Responding promptly and effectively to all complaints of sex discrimination. Responses must be handled fairly, transparently, and reliably. It is important to include trained and unbiased decision-makers to evaluate all relevant evidence.
• Adapting regulations flexibly to meet individual Title IX obligations. Schools will differ in their requirements, and this flexibility accounts for variations in school size, population, and administrative structures.
• Providing protections for students, employees, and applicants against discrimination based on pregnancy and related conditions. This includes childbirth, termination of pregnancy, lactation, and related medical conditions or recovery from these conditions. Additionally, reasonable accommodations and breaks must be made for these individuals.
• Protecting all individuals from harm and retaliation when they report or participate in the school’s Title IX process. Schools must further support the rights of parents and guardians to act on behalf of their elementary and secondary school-aged children. They also must ensure clear communication of the policies and procedures.
• Prohibiting sharing or disclosing of personal information and personally identifiable information obtained by complying with Title IX. However, exceptions can be made if there is prior written consent or if the information is disclosed to the parent of a minor.

The Department of Education is still in the rulemaking process for a Title IX regulation related to gender identity and athletic programs. The Department is committed to supporting schools in the implementation of these final regulations and will provide technical assistance and resources to schools to support implementation and compliance. The following states are not currently required to comply with the act due to a lawsuit that is in process: Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming.