Administrator Resources

Administrative Resources

New 2020 Title IX Regulations

These New 2020 Title IX Regulations have the force and effect of law and were promulgated subsequent to notice and comment rule-making in compliance with the Administrative Procedure Act.

All education programs that are federal funding recipients, including public K-12 schools and districts, private and public colleges and universities, publicly funded camps, medical schools, federally-subsidized scouting troops, charter schools, hospitals that take federal money for residency programs, private/independent schools that take federal school lunch subsidies, etc. must be compliant with the Final Rule on or before August 14, 2020, or risk losing their federal funding.

The 2020 Title IX Regulations offer new rules that will require substantial changes for all colleges, universities, and K-12 schools and districts. JLaw Consulting has compiled resources intended to help you and your recipient move toward full compliance. You may be facing a daunting compliance task, but JLaw Consulting is here to serve you!

Title IX Frequently Asked Questions

Title IX of the Education Amendments is a federal law that prohibits discrimination on the basis of sex in education programs or activities operated by recipients of Federal financial assistance.

No. While many think Title IX is a law applying to sports, it’s broader and applies to all public and private school systems.

Title IX protects students in connection with all the academic, educational, extracurricular, athletic, and other programs of the school. This applies to programs that take place in a school’s facilities, on a school bus, or at a class or training program.

Sexual harassment is unwelcome conduct of a sexual nature. It includes unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual violence is a form of sexual harassment prohibited by Title IX.

Sexual violence refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s use of drugs or alcohol. An individual also may be unable to give consent due to an intellectual or other disability. A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, and sexual coercion. All such acts of sexual violence are forms of sexual harassment covered under Title IX.

If the school is made aware of a potential incident, Title IX requires it to take immediate and appropriate steps to investigate or otherwise determine what occurred (subject to confidentiality considerations). If an investigation uncovers sexual harassment, including sexual violence, the school must then take prompt action. Thus effective steps reasonably calculated to end the sexual harassment or sexual violence must be taken to prevent its recurrence and, as appropriate, remedy its effects on the victim and educational community.

Yes. Title IX protects students from all forms of sexual harassment (including sexual violence and abuse), including harassment by school employees. Sexual harassment by school employees can include unwelcome sexual advances or requests for sexual favors. Additionally, other verbal, nonverbal, or physical sexual conduct, including but not limited to sexual activity, is covered by Title IX.

Title IX regulations outline three key procedural requirements. Each school must:

  1. Disseminate a notice of nondiscrimination
  2. Designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under Title IX
  3. Adopt and publish grievance procedures providing for the prompt and equitable resolution of student and employee sex discrimination complaints

Title IX regulations outline three key procedural requirements. Each school must:

  1. Disseminate a notice of nondiscrimination
  2. Designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under Title IX
  3. Adopt and publish grievance procedures providing for the prompt and equitable resolution of student and employee sex discrimination complaints

Yes. Under Title IX, a school must process all complaints of sexual violence, regardless of where the conduct occurred. They must determine whether the conduct occurred in the context of an education program or activity. Similarly, whether the conduct had continuing effects on campus or in an off-campus education program or activity.

Off-campus education programs and activities are clearly covered and include, but are not limited to: activities that take place at houses of fraternities or sororities recognized by the school; school-sponsored field trips, including athletic team travel; and events for school clubs that occur off campus (e.g., a debate team trip to another school or to a weekend competition).