The final rule amends § 34 CFR 106.1 et seq. According to a statement from the department announcing the final rule: “An unofficial version of the final rule is available here. In addition, the department provides a fact sheet, Summary of Key Provisions of the 2024 Title IX Final Rule, Title IX Nondiscrimination Policy , published resources for drafting non-discrimination notices and grievance procedures.'' Federal Register The rulemaking process for Title IX rules related to athletics is still ongoing.
The Department said the final regulations define “hostile environment harassment as a type of harassment that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or limits an individual's ability to engage in harassment.” It is defined as any unwanted or unwanted sexual activity.” or benefit from the Recipient's educational programs and activities. According to the Ministry, the final regulations are as follows:
- We will protect you from all forms of sexual harassment and discrimination. The final rule protects all students and employees from all sex discrimination prohibited by Title IX by restoring and strengthening full protections from sexual assault and other forms of sexual harassment. The regulations clarify the steps schools must take to protect students, employees and applicants from discrimination based on pregnancy or related conditions. And this rule prevents discrimination based on gender stereotypes, sexual orientation, gender identity, and sexual characteristics.
- Promote accountability and fairness. The final rule promotes accountability by requiring schools to take prompt and effective action to eliminate sex discrimination in educational programs and activities, prevent its recurrence, and remediate its effects. The final rule requires schools to respond to all complaints of sex discrimination in a fair, transparent manner, including having trained and unbiased decision makers evaluate relevant and otherwise inadmissible evidence. , requiring prompt responses with reliable processes.
- Empower and support students and families. The final rule protects against retaliation against students, employees, and others who exercise their Title IX rights. This rule requires schools to communicate anti-discrimination policies and procedures to all students, employees, and other participants in educational programs so that students and families know their rights. This rule supports the right of parents and guardians to act on behalf of their elementary and middle school children. The rule also protects student privacy by prohibiting schools from disclosing personally identifiable information, with limited exceptions.
Additionally, the rule provides that recipients must comply with Title IX regulations in the event of a conflict with state law or the Family Educational Rights and Privacy Act. The rule further requires recipients to protect the rights of parties who are students with disabilities.
“These final rules clarify Title IX's requirement that schools promptly and effectively address all forms of sex discrimination,” Department of Civil Rights Assistant Secretary Katherine E. Ramon said in a statement. . “We look forward to working with schools, students, and families to prevent and eliminate gender discrimination.”
Additionally, she said, “Schools must do their best to eliminate sex discrimination and fully implement Title IX's guarantee that no one will be subjected to sex discrimination in their schools.”
A detailed summary of the major changes to 34 CFR §§ 106.1–31 and the impact of the new provisions will be published on this blog in the coming days.
Ogletree Deakins' Higher Education Practice Group will continue to monitor developments and provide updates on the Higher Education Blog as additional information becomes available.
