After several delays and much anticipation in the higher education community, on April 19, 2024, the Department of Education released its long awaited, new Title IX Regulations, which will go into effect on August 1, 2024.  During the Obama Administration, Title IX and the way in which campus sexual assaults were handled was revised.  Thereafter, the Trump Administration rescinded and revised Title IX, seeking to increase procedural protections and requirements.  The 2020 Trump-era regulations and the procedural burdens they imposed (including but not limited to a live-hearing requirement) faced criticism by many.  The new Title IX regulations change the way educational institutions must respond to sexual harassment and discrimination claims, including eliminating the controversial requirement for live hearings with cross-examination.  Colleges and universities have just a few short months to not only amend or revise existing Title IX policies, but to educate and train their communities prior to the effective date of the new regulations later this summer.

Some of the highlights of the 2024 Title IX Regulations include:

• Clarification that the definition of sex discrimination includes discrimination based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.
• Includes new and/or revised definitions of complaint, complainant, respondent, party, confidential employee, disciplinary sanctions, pregnancy or related conditions, relevant, remedies, retaliation and peer retaliation, sex-based harassment, and supportive measures.

• Requires an institution to address a sex-based hostile environment in its education program or activity in the United States, even when some conduct alleged to be contributing to the hostile environment occurred outside of the institution’s education program or activity or outside the United States.

• Requires a recipient with “knowledge” of conduct that reasonably may constitute sex discrimination in its education program or activity to respond promptly and effectively, as opposed to the 2020 requirement of “actual knowledge”.

• Obligates a recipient to require certain employees to notify the Title IX Coordinator when the employees have information about conduct that reasonably may constitute sex discrimination and certain employees to provide information to anyone who informs them of conduct that may reasonably constitute sex discrimination of how to contact the Title IX Coordinator, how to make a complaint and how the Title IX Coordinator can help.
• Permits initiation of informal resolution in the absence of a formal complaint.
• Permits a decision maker to be the same person as the Title IX Coordinator or investigator as long as there is no conflict of interest or bias.
• No longer requires a live hearing. However, if a live hearing is not used, must have a process for enabling the decision maker to question parties and witnesses to adequately assess a party’s or witness’s credibility when credibility is in dispute and relevant.

In order to remain in compliance, educational institutions must engage in a rapid and comprehensive review of existing policies and procedures, and ensure that effective August 1, 2024, that the institution is compliant with the new regulations.

About Lamb McErlane’s Higher Education Department

Lamb McErlane PC attorneys have provided legal advice to institutions of education on a wide array of matters. The firm represents numerous public-school districts, charter schools, private schools, colleges, and universities. If you have any questions regarding Title IX, the new regulations, compliance, or any other higher education matters, please contact Lamb McErlane attorneys Kathleen O’Connell Bell, Esquire, Jake D. Becker, Esquire or Ronald A. Amarant, Esquire.

Lamb McErlane PC is a full-service regional law firm based in West Chester with a reputation for delivering the highest caliber of legal service in an environment focused on personal attention and results.