ALERT: NEW TITLE IX RULES ISSUED APRIL 19, 2024
| | Title IX
The Biden administration has introduced comprehensive changes to Title IX, aimed at reinstating protections for sexual assault survivors that were rolled back by the Trump administration. The new rules, effective starting August 1, also strengthen protections for pregnant women and LGBTQ students and expand the definition of sex discrimination to include sexual orientation and gender identity. The changes have been delayed but address a significant volume of public feedback, reflecting a shift towards broader civil rights under current educational policies.
The new rules make significant changes regarding sexual harassment, including sexual misconduct and assault. These changes will affect both respondents and complainants. Here are some of the major changes:
- The new rules expand the definition of sexual harassment to include less egregious behavior, conduct that occurs off the school’s property, and conduct occurring outside the United States, and also no longer require a complainant to be a student at the time of bringing the complaint. This means complainants can transfer, schools, graduate or leave the school at which the conduct occurred and bring a complaint after that at the former school.
- Colleges and universities are no longer required to hold a hearing with cross examination by the party’s advisor who can be a lawyer.
- Informal resolutions of sexual harassment may be resolved through an informal process without the need for a complainant to file a formal complaint.
- When a complainant does not file a formal Title IX complaint or withdraws a complaint, the Title IX coordinator may only initiate a complaint on behalf of the school if the conduct presents an imminent and serious threat to someone’s health or safety.
Even though the new rules are not effective until August 1, 2024, they still may affect you now whether you are a complainant or respondent.