SHARE

June 23, 2022

U.S. Department of Education Proposes Amendments to Title IX Regulations

You've Reached Your
Free Article Limit This Month
Register for free to get unlimited access to all Law.com OnPractice content.
Register Now

In conjunction with the 50th anniversary of Title IX, the U.S. Department of Education has released its proposed amendments to the regulations for Title IX of the Education Amendments of 1972 for public comment.

According to Assistant Secretary for Civil Rights Catherine E. Lhamon, "The proposed regulations reflect the Department's commitment to give full effect to Title IX, ensuring that no person experiences sex discrimination in education, and that school procedures for addressing complaints of sex discrimination, including sexual violence and other forms of sex-based harassment, are clear, effective, and fair to all involved."

The proposed regulations make the following key changes to existing Title IX regulations:

  • Live hearings will no longer be required at the postsecondary level; schools can determine what fair and reliable process works best for its community, including use of a single-investigator model.
  • Although a live hearing is not required, a decision-maker must assess the credibility of parties and witnesses through live questioning.
  • A recipient would be required to address sex-based discrimination in its education program or activity, including when sex-based discrimination occurred outside the recipient's education program or activity or outside the United States.

The proposed regulations clarify:

  • Title IX's prohibition on discrimination based on sex applies to discrimination based on sexual orientation and gender identity, as well as sex stereotypes, sex characteristics, and students who are pregnant or experiencing pregnancy-related conditions.
  • Preventing someone from participating in school programs and activities consistent with their gender identity would cause harm in violation of Title IX, except in some limited areas set out in the statute or regulations.
  • A framework will be provided tailored to sex-based harassment complaints at postsecondary institutions, taking into account students' age, maturity, needs, and level of independence.

Under the proposed rules schools must continue to:

  • Treat complainants and respondents equitably.
  • Ensure Title IX coordinators, investigators, decision-makers, and facilitators of an informal resolution process do not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent.
  • Provide a grievance procedure that gives the parties an equal opportunity to present relevant evidence and respond to the relevant evidence of other parties.
  • Use the preponderance-of-the-evidence or the clear-and-convincing-evidence standard in all other comparable proceedings, including other discrimination complaints, in which case the school may use that standard in determining whether sex discrimination occurred.
  • Not impose disciplinary sanctions under Title IX on any person, unless it determines that sex discrimination has occurred.

Under the proposed rules, school have the option of continuing to:

  • Provide informal resolution for resolving sex discrimination complaints.

The Department also announced that it will release a separate notice of proposed rulemaking to address whether and how the Department should amend the Title IX regulations to address students' eligibility to participate on a particular male or female athletics team.

The public may submit comments for 60 days from the date of publication in the Federal Register.

The Department also issued a Fact Sheet regarding the proposed regulations.

The Jackson Lewis Higher Education Team is well-versed in Title IX issues and continues to analyze ongoing developments in this area. Please contact a Jackson Lewis attorney with any questions regarding the Department of Education update, Title IX policies, and any other Title IX developments. Please also visit the Jackson Lewis website for additional updates regarding the proposed Title IX regulations.


©2022 Jackson Lewis P.C. This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions. Prior results do not guarantee a similar outcome.

Focused on labor and employment law since 1958, Jackson Lewis P.C.'s 950+ attorneys located in major cities nationwide consistently identify and respond to new ways workplace law intersects business. We help employers develop proactive strategies, strong policies and business-oriented solutions to cultivate high-functioning workforces that are engaged, stable and diverse, and share our clients' goals to emphasize inclusivity and respect for the contribution of every employee. For more information, visit https://www.jacksonlewis.com.

ALM expressly disclaims any express or implied warranty regarding the OnPractice Content, including any implied warranty that the OnPractice Content is accurate, has been corrected or is otherwise free from errors.

More From Jackson Lewis P.C.

Challenging OSHA Violations at Occupational Safety and Health Review Commission Is Worth the Effort

By Melanie L. Paul Jackson Lewis P.C. May 26 , 2023

It is more important than ever that employers understand the serious long-term, non-monetary consequences of settling or accepting Occupational Safety and Health Administration (OSHA) citations.

New Washington Law Regulates Warehouse Distribution Center Worker Quotas

By Kathryn J. Barry Jackson Lewis P.C. May 26 , 2023

A new Washington law regulating employers’ use of production quotas or production standards for employees working at warehouse distribution centers (House Bill 1762) will go into effect on July 1, 2024.

Sixth Circuit Adopts New Standard to Decide Whether to Send Notice to Potential FLSA Opt-Ins

By David R. Golder Jackson Lewis P.C. May 24 , 2023

In a highly anticipated decision, the U.S. Court of Appeals for the Sixth Circuit has ruled it will not use the lenient, two-step procedure in deciding whether to authorize sending notice of a collective action to other workers under the Fair Labor Standards Act (FLSA).

More From Education

Education Department Proposes New Title IX Regulations for Transgender Student-Athletes

By Susan D. Friedfel Jackson Lewis P.C. April 10 , 2023

The U.S. Department of Education Office for Civil Rights (OCR) has proposed a standard that would clarify participation and equal opportunity of transgender students in school athletics.

Charter Schools Aren't Immune from Trademark Suits

By Amol Parikh McDermott Will & Emery March 16 , 2023

The US Court of Appeals for the Fifth Circuit affirmed a district court’s dismissal of a trademark suit against a charter school operator and public school district in Texas but explained that the charter school was not automatically immune from lawsuits based on sovereign immunity.

Online USCIS Premium Processing for F-1 Students Seeking OPT

By Anna Reiff Greenberg Traurig March 07 , 2023

USCIS has made it easier for certain F-1 students who are seeking Optional Practical Training (OPT) and F-1 students in science, technology, engineering, and mathematics (STEM) OPT extensions to apply for premium processing.

Featured Stories
Closeclose
Search
Menu

Working...