Early this morning, the U.S. Department of Education released its long-awaited Title IX regulations. The regulations, which will go into effect on August 1, 2024, carry broad implications for institutions of higher education. Representing a significant departure from the 2020 Title IX regulations under which colleges and universities are currently operating, the 2024 rule greatly expands the scope of conduct to which higher education institutions must respond.
Parker Poe attorneys Nina Gupta, Lexi Trumble, and Nana Asante-Smith will lead a webinar at 10:00 a.m. on Friday, May 3, 2024, to discuss the regulations, effective implementation strategies, and critical action items for higher education institutions nationwide.
Follow this link to register for the webinar: What Higher Education Stakeholders Should Know About New Title IX Rule
Notable changes under the 2024 regulations include, but are certainly not limited to:
- Clarifying that sex discrimination includes discrimination based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.
- Requiring institutions to respond to allegations of Title IX misconduct even when such conduct occurred outside the recipient’s education program or activity or outside the United States.
- Reviving the use of the single investigator model.
- Permitting, but not requiring, that higher education institutions conduct live hearings.
- Mandating grievance procedures for adjudicating allegations of sex discrimination involving students at higher education institutions.
- Updating protections for students and employees experiencing pregnancy or related conditions.
The Department of Education has not issued a final rule to address Title IX’s application to sex-separate athletic teams, although a preliminary proposal was announced last April. Parker Poe’s Education Industry Team can advise on any forthcoming rules or regulations regarding eligibility criteria for athletics participation.
If you have any questions about your institution’s Title IX policies or procedures in light of this significant legislative shift, please reach out to us or your regular Parker Poe contact. You can subscribe to our latest alerts here.