Here We Go: ED Releases Reworked Title IX Regulations
April 19, 2024
After an extensive period of public commentary and deliberation, the U.S. Department of Education (ED) announced significant updates to its Title IX regulations on April 18, 2023. The changes are largely designed to overhaul how institutions of higher education (IHE) consider and address cases of sexual harassment, sexual assault, LGBTQI+ discrimination, and other forms of sex-based mistreatment, with the goal of ensuring gender equity in education.
The updated regulations redefine what constitutes sexual harassment, expand legal protections for LGBTQI+ and pregnant students, and adjust the procedural requirements for handling complaints. These alterations will fundamentally shift the landscape of how IHE are required to respond to complaints of sex-based discrimination and harassment, aiming to create a more inclusive and supportive environment for all students.
IHE have until Aug. 1, 2024 to align their policies with these new standards, a steep timeline that likely underscores the pressure ED faces to anchor these changes into policy and practice before the November election.
Bond is committed to keeping you informed and prepared and we will work to provide you with thorough programing, counseling, and advice in the coming days, weeks, and months. We will delve into the nuances of the new rules, their potential impacts, and what they mean for students and educational institutions alike. This will include a look at the removal of mandatory live hearings and cross-examinations (including important considerations for institutions as to whether and how to implement different decision-making models), enhanced mandatory reporting requirements, and a shift in the definitions and scope of what constitutes redressable harassment on campus and beyond.
Together, we will explore how these changes are likely to reshape the educational landscape and what steps you might need to take in response.
If you have any questions or want more immediate information on how these regulations will affect your institution, please contact any attorney in Bond’s higher education practice or the Bond attorney with whom you are regularly in contact.
