U.S. Department of Education Releases New Title IX Regulations

On April 19, 2024, the U.S. Department of Education released its long-anticipated final Title IX regulations. While the rules maintain some fundamental principles of the previous (2020) rules, there are a number of significant changes in the new regulations such as:

• Establishing core procedural requirements for addressing sex-based discrimination generally, not just instances of sexual harassment;
• Explicitly defining sex-based discrimination under Title IX to include discrimination on the basis of sex stereotypes, sex characteristics, pregnancy, sexual orientation, and gender identity;
• Enumerating specific obligations for accommodating students due to pregnancy or related conditions;
• Altering the definition of hostile environment sexual harassment (again) under Title IX to include  unwelcome, offensive, sex-based conduct that is either severe or pervasive as to limit an individual’s participation in college or university programs; and
• Providing institutions greater flexibility in determining the scope of its sexual harassment grievance process; for instance, the process may, but is not required to, include live hearings.

The new Title IX regulations go into effect on August 1, 2024. These regulations are applicable to post-secondary institutions and K-12 schools that receive federal funding.

Drummond Woodsum’s team of experienced Title IX attorneys and consultants are available to help guide you and your institution or school in navigating the new regulations and to advise on the best approaches for your institution or school. Whether modifying policies and procedures, conducting related trainings, or fulfilling other tasks your institution or school may need in tackling the new rules, we would be delighted to assist you and your team.

Please contact Allen Kropp, Adrianne Fouts, Meghan Glynn, Kasia Park, or another member of our Title IX team for more information.