Home News Department of Education Publishes Title IX Final Rule – Duane Morris

Department of Education Publishes Title IX Final Rule – Duane Morris

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On May 19, 2020, the U.S. Department of Education issued its final rule on Title IX of the Education Amendments of 1972 regulations. These are the first comprehensive regulations issued under Title IX since 1975. The final rule, which applies to school districts, colleges and universities, including all institutions of higher education receiving Title IV funding, contains a number of significant changes, such as: a definition for sexual harassment, publication of Title IX materials, triggers for an institution’s legal obligation to respond and investigate, and a requirement that institutions conduct courtroomlike hearings.

The final regulations modify Title IX regulatory requirements regarding remedies the Department may impose on recipients for Title IX violations, the intersection between Title IX, constitutional protections, and other laws, the designation by each recipient of a Title IX coordinator to address sex discrimination including sexual harassment, the dissemination of a recipient’s nondiscrimination policy and contact information for a Title IX coordinator, the adoption by recipients of grievance procedures and a grievance process, how a recipient may claim a religious exemption and prohibition of retaliation for exercise of rights under Title IX.

In the preamble to the rule, the Department notes that the “final regulations leave recipients the flexibility to choose to follow best practices and recommendations contained in the Department’s guidance or, similarly, best practices and recommendations made by non-Department sources, such as Title IX consultancy firms, legal and social science scholars, victim advocacy organizations, civil libertarians and due process advocates, and other experts.” 85 Fed. Reg. 30026, 30030. With this initial flexibility, institutions have an obligation to strictly adhere to their published policies and procedures.

The new rule is scheduled to take effect on August 14, 2020.

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