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While initially focusing on promoting gender equity in sports, Title IX has evolved significantly since being enacted in 1972. Over time, protections were added to cover a wide range of issues, including sexual discrimination, sexual harassment, assault, and other misconduct in schools.
In April 2024, new revisions were finalized that broadened protections and added obligations for administrating Title IX issues in higher education.
Title IX compliance is complex. It takes experienced Title IX specialists to meet both the letter and spirit of the law. In this guide, we will examine the importance of Title IX, its scope, the new revisions, and the role of Title IX lawyers in higher education.
Title IX creates the framework for how schools ensure equal treatment of students and employees. The aim is to provide safe and inclusive campuses for colleges and universities receiving federal funds.
“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
— Title IX of the Education Amendments of 1972
Over the years, multiple revisions to Title IX have created additional requirements for schools, defining the process, procedures, and policies for the administration and handling of complaints. In the most recent revisions released in April 2024, there are broad changes that have a significant impact on how schools manage their Title IX programs.
The scope of Title IX requirements for colleges and universities covers various aspects, including:
Title IX continues to evolve, and navigating this complexity is challenging for even the most effective Title IX coordinators.
One of the most significant revisions made by the Obama administration in 2011 provided detailed guidance on the obligations to address sexual violence and misconduct under Title IX. This guidance lowered the standard of proof for disciplinary proceedings and emphasized the need for prompt and impartial investigations.
Regulations in 2020 under the Trump administration introduced substantial changes to the Title IX landscape. These rules narrowed the definition of sexual harassment, provided more due process protections for the accused, and granted institutions greater flexibility in handling complaints.
In 2024, the Department of Education under the Biden administration issued substantial revisions that went into effect on August 1, 2024. The new revisions alone total 1,577 pages and include 1,500 pages of recommendations.
Colleges and universities will need to update policies, practices, and documentation for Title IX compliance. This will require involving legal counsel from an experienced Title IX lawyer for higher education.
The changes are broad and far-reaching. Here are some of the major highlights in four key areas:
One of the most significant changes involves definitions regarding complaints of sexual discrimination and harassment.
Complaints
The definition of complaints has been expanded to include requests to investigate sex discrimination based on various factors, such as sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.
Hostile Environment Harassment
The revised rules have modified the definition of hostile environment harassment. Instead of requiring the conduct to be severe, pervasive, and objectively offensive, it now suffices for the conduct to be severe or pervasive and subjectively offensive—limiting the person’s ability to participate in the education program or activity.
“The final regulations define ‘sex-based harassment’ as a form of sex discrimination that includes sexual harassment and harassment based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, or gender identity, that is quid pro quo harassment or hostile environment harassment.”
The grievance process for handling complaints has undergone significant revisions, including requiring investigations for incidents that occur off-campus. Other key revisions provide some additional flexibility for schools, complainants, and those accused. For example:
Additionally, the new rules require colleges and universities to take “prompt and efficient action” to investigate cases and end and prevent prohibited discrimination or harassment. The revisions, however, do not define any particular timeframes for resolution.
There are additional requirements for providing support to alleged victims during the formal or informal grievance process.
The revised rules have expanded the list of employees who must report potential sex discrimination at Title IX colleges and universities. In higher education, employees who have authority, leadership, or teaching and advising roles must report allegations to the Title IX Coordinators. Others can choose to report or provide contact information for the Title IX Coordinator.
Training requirements for Title IX personnel and employees in higher education have been updated. All employees must be trained on Title IX obligations, the scope of sex discrimination, new definitions, and notification requirements and procedures. New employees must be trained at hire, and employees are required to undergo annual training on Title IX provisions.
Additional training requirements are required for investigators, decision-makers, facilitators, and Title IX coordinators.
With an August 1, 2024 deadline, a Title IX lawyer in higher education is essential for helping colleges and universities meet their obligations.
Title IX experts play a vital role in Title IX compliance, assisting with:
Title IX has been instrumental in promoting gender equity and addressing misconduct on college campuses. However, it has also been controversial. The implementation and application of these evolving rules have been the subject of ongoing debate since its inception.
The new revisions are already facing court challenges. Schools will need to stay on top of developments and court rulings that may impact Title IX moving forward.
The list below focuses on the key tenets of the Title IX revisions and some of the concerns that have been raised.
| Key Tenets | Concerns |
| Promotes gender equity in educational opportunities, athletic programs, and employment practices. | Concerns about potential infringement on due process rights of the accused, particularly in campus disciplinary proceedings. |
| Provides a framework for institutions to prevent and address incidents of sexual harassment and assault, creating safer and more inclusive campus environments. | Potential overreach and unintended consequences, such as stifling free speech or academic freedom. |
| Holds institutions accountable by requiring robust policies and procedures to address discrimination and sexual misconduct. | Compliance challenges due to the complexity and resource-intensive nature of staying current with evolving Title IX requirements and interpretations. |
| Protects students and employees from sex-based discrimination. | New revisions do not address implementation in athletics at this time. |
| Increases transparency and accountability in how institutions handle Title IX cases. | Removes religious protections reaffirmed in the 2020 Title IX regulations. |
To navigate the complexities involved in Title IX compliance, colleges and universities should follow these best practices:
Due to the complexity and details involved, schools need to be proactive to mitigate risks and ensure Title IX compliance. Even with the best of intentions, it is easy to make mistakes or miss the nuances in these evolving regulations.
E&I Cooperative Services offers competitively solicited cooperative agreements with Title IX attorneys and consultants for higher education institutions. As a non-profit, member-owned sourcing cooperative focused exclusively on the education sector, E&I negotiates with leading suppliers to streamline procurement processes, saving time and money.
These pre-negotiated contracts provide advantageous pricing and terms tailored for academic institutions, enabling swift action to ensure Title IX compliance.
What is Title IX in simple terms?
Title IX is a federal civil rights law prohibiting gender and sex-based discrimination in any education program or activity that receives federal funding.
What would be a violation of Title IX in colleges?
Essentially, any action by the institution or its employees that denies educational opportunities or subjects students or staff to different treatment based on sex can constitute a violation of the federal civil rights protections outlined in Title IX.
Potential violations can include:
What are the three ways Title IX is enforced in higher education?
Title IX is enforced in higher education in three ways: administrative oversight by the Department of Education, private lawsuits against institutions, and prosecutions for criminal acts violating Title IX.
What are the penalties for violation of Title IX for colleges and universities?
Failing to properly and efficiently address Title IX issues in higher education can have broad-ranging implications, including loss of reputation, lawsuits and legal action, and loss of federal funding.
Get expert guidance on Title IX compliance. View the available contracts for Title IX law firms and Title IX consultants through E&I Cooperatives Services.
