Title IX - 1972

Title IX is a federal civil rights law passed as part of the Education Amendments of 1972. This law protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance. Title IX states that:

“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 applies to any institution receiving federal financial assistance from the Department of Education, including state and local educational agencies. Educational programs and activities that receive federal funds from the Department of Education must operate in a nondiscriminatory manner. Also, a recipient may not retaliate against any person for opposing an unlawful educational practice or policy, or because a person made charges, testified or participated in any complaint action under Title IX.

Title IX – Revisions – Effective August 14, 2020

On May 6th, the U.S. Department of Education published its long-awaited final regulations regarding sexual harassment under Title IX of the Education Amendments of 1972. The final regulations take effect on August 14, 2020 and, as expected, they will have a significant impact on the manner in which educational institutions investigate and address claims of sex discrimination and harassment.

Title IX applies to education programs or activities that receive federal financial assistance (“recipients”) and specifically prohibits discrimination on the basis of sex, including sexual harassment. Until now, there have been no binding federal regulations related to sexual harassment under Title IX, only administrative guidance issued by the DOE’s Office for Civil Rights.

The final regulations dramatically expand the requirements for Title IX grievance procedures, which will require significant policy and procedure revisions, training, and time to implement. While many schools are focused on planning for the reopening of schools in the fall, they should be sure to keep the new regulations on their radar and take steps to ensure that they are in compliance come August 14, 2020 by updating policies and grievance procedures and providing any necessary training for school staff.