Preparing For The New Title IX Regulations – What Colleges and Universities Need To Know

In April 2024, the U.S. Department of Education made changes to Title IX that will impact higher education institutions across the country. The changes will go into effect on August 1, creating a tight timeline for administrators and Title IX offices to prepare before the start of school in the fall.

Vector Solutions recently hosted a webinar with Rebecca Leitman Veidlinger, an attorney specializing in Title IX to address some of the critical issues that will affect higher education institutions. In the webinar “Title IX 2024 Regulations & Compliance Requirements – What Higher Education Needs to Know,” Veidlinger discussed some of the most significant changes to Title IX and how they will impact training at higher education institutions.

This information is intended to be informative but is not meant to be a prescriptive, definitive legal guide for your institution. Both Vector and Veidlinger advise institutions to consult their administration and legal counsel regarding any questions about compliance requirements.

What’s Changing?

Title IX is the set of rules enacted to protect students from sex-based and gender-based discrimination, including sexual harassment. It was last updated in 2020 and then revamped again in April. The most significant changes are in the areas of sex discrimination and sex-based harassment. Definitions are changing, and the scope of what is required to start an investigation is expanding, which means Title IX offices can expect to become busier. There have also been updates to the rules around mandatory reporting, what training is needed for employees, and more. Here are some of the highlights.

Sex-based Discrimination

The scope of sex-based discrimination is expanding to include discrimination based on sex stereotypes, characteristics, sexual orientation, gender identity, and pregnancy or related conditions. Title IX also allows anyone participating in the program or activities when the conduct occurred to file a complaint, regardless of whether they were involved in the conduct. These changes will likely lead to more complaints coming to the Title IX offices.

Sex-based Harassment

The definition of what constitutes sex-based harassment is expanding, which also may lead to more complaints being filed. Changes include:

• Quid pro quo sex-based harassment – which is when someone provides something of benefit to a person on the condition that the person participate in sexual conduct – previously limited to conduct of college or university employees. Now, it includes the conduct of anyone who is authorized by the institution to provide a service, not just direct employees of the institution.
• The definition of a hostile work environment is becoming less strict. Previously, conduct had to be severe AND pervasive to create a hostile work environment. Many situations did not meet the criteria. Under the new rules, conduct must be severe OR pervasive, but it doesn’t have to be both. This lower threshold will likely result in more cases coming into the Title IX office.

Accommodations for Pregnancy and Related Conditions

Title IX provides much more information about what universities need to do to accommodate a student who is pregnant – for instance, allowing them to take breaks to eat or drink, providing a lactation space, allowing them time off for medical appointments, and making sure they are provided information about what accommodations they’re entitled to. Veidlinger says that for some institutions, setting up policies and procedures to address this change may be a “significant lift.”

Mandatory Reporting Requirements

Reporting requirements for employees now vary depending on their category (e.g., classified, non-classified, and those in administrative, faculty, or advisor roles). Institutions will be required to provide training to ensure employees understand their responsibilities.
Off-campus conduct. Conduct that occurs outside an institution program or activity, and even outside of the United States, can now be taken into consideration when determining if a sex-based hostile environment exists.

Filing Complaints

Under the new Title IX regulations, making a complaint is easier because a formal complaint no longer has to be filed for an investigation to begin.
Expanded duties of Title IX coordinators. In addition to handling complaints, the Title IX coordinators must also monitor the institution for barriers to reporting and then work to address those barriers.

Grievance Process

The new rules detail grievance process requirements and options for different sex discrimination matters. There will now be specialized grievance procedures for student complainants or respondents. Colleges and universities must make sure their Title IX teams are trained on the procedures.

Investigation Procedures

• Investigations of sex-based discrimination no longer require hearings; there are also more opportunities for appeal and more options for informal resolutions. A written investigation report no longer needs to be filed.
• For sex-based harassment investigations involving a student, the new Title IX is much more detailed about what’s required in the investigation, including how hearings will work and who gets to ask the questions. Title IX offices will need to make sure their staff is trained on the new requirements.

Training Requirements

The regulations spell out annual training requirements for employees, Title IX implementers, facilitators of informal resolutions, and Title IX coordinators. Colleges and universities must make sure they are up to date on these requirements as they plan their training.

Next Steps and Caveats

Veidlinger recommends that colleges and universities ensure those involved in implementing Title IX are trained on the new regulations by August 1, 2024, and that there is a training plan in place for all employees by the start of the academic year. She also noted a few caveats that institutions need to be aware of. For instance, the Title IX updates don’t apply to athletics. Those updates will likely come in 2025. Plus, there are legal challenges to the new regulations in several states that administrators will need to keep an eye on. It’s also important to note that the new Title IX regulations only apply to conduct that occurs after August 1, 2024. Anything involving conduct that occurred before August 1, 2024, must be handled according to the regulations in place at the time. That means institutions need to go ahead and make the updates to comply with the new Title IX regulations, but they will need also to keep the old procedures and processes available as well.

How Vector Can Help

Vector Solutions offers online training courses for faculty, staff, and students addressing a wide range of important compliance and safety-related topics, including Title IX. Some of its Title IX-related courses include:

• Building Supportive Communities
• Preventing Harassment and Discrimination
• Clery Act Overview
• Sexual Assault Prevention for Undergraduates, Community Colleges, Graduate Students and Adult Learners
• Sexual Assault Prevention (ongoing)
• And more

Vector is in the process of updating more than 50 of its courses to reflect compliance-related changes stemming from the updates to Title IX. Courses will be updated by August 1, 2024. For the latest information and timeline about the updates to Vector’s courses, visit our support center.