Title IX Compliance: 2024 Updates Your Institution Needs to Know

Almost two years after changes were proposed, the Title IX Final Rule was released on April 19, 2024. These new regulations will take effect (and apply to conduct that occurs) starting August 1, 2024. Is your school prepared to comply? Check out our run-down of the updates below to ensure your Title IX compliance in 2024.

April 2024 Title IX Updates

On April 19th, 2024, the updated final regulations of Title IX were released. These updates will clarify how discrimination is defined under the law, broaden the scope of conduct that is covered and expand both student and parent rights, among other changes. Below are some of the major changes.

“Sex discrimination” of all types will be prohibited under the law, including that which is “based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.”

Sex-based harassment is redefined as “unwelcome sex-based conduct that is sufficiently severe or pervasive that, based on the totality of the circumstances and evaluated subjectively and objectively, it denies or limits a person’s ability to participate in or benefit from the recipient’s education program or activity.” The 2020 version of the law used the wording “severe, pervasive and objectively offensive.”

Educational institutions must address all conduct related to an education program or activity, even if it’s off-campus. This includes “any building owned or controlled by a student organization that is officially recognized by a postsecondary institution”, such as a fraternity or sorority house, as well as any “conduct that is subject to the [institution]’s disciplinary authority.”

Live hearings are permitted but no longer required. Institutions “must allow the parties, on request, to participate from separate locations using technology” such as video call platforms (e.g. Zoom, Microsoft Teams, Google Meet, etc.). Schools must also provide audio and video recordings and transcripts of live hearings available to parties for their review.

Institutions must “offer and coordinate supportive measures, as appropriate, to the complainant.” These measures must be “to the extent necessary to restore or preserve each person’s access to the recipient’s education program or activity or provide support during the recipient’s grievance procedures or during the informal resolution process.” They can include:

• Counseling
• Extensions of assignment deadlines
• Restriction of contact between the complainant and respondent
• Voluntary or involuntary changes to the parties’ class enrollment, housing or work assignments

“If the recipient has initiated grievance procedures or offered an informal resolution process to the respondent, offer and coordinate supportive measures as appropriate, for the respondent,” the rule continues. Institutions’ published grievance procedures for submitting a Title IX complaint must describe the supportive measures they offer.

Parents and legal guardians can act on behalf of the student to submit a Title IX grievance.

Pregnant students will be protected from discrimination. If they inform the institution’s Title IX coordinator about their pregnancy and/or related medical conditions, the student gains the right to:

• “Individualized, reasonable modifications as needed to prevent discrimination and ensure equal access to the recipient’s education program or activity”
• “A voluntary leave of absence for, at minimum, the medically necessary time period and reinstatement upon return.”
• “A clean, private lactation space for both students and employees.”

For a full run-down of the new regulatory changes (and to boost your Title IX compliance in 2024), check our our full video with Andrea Stagg, J.D. is Director of Consulting Services at Grand River Solutions below. Note: This video was recorded in 2023, so final wording and regulations of the law may differ slightly.

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Important: This post is for informational and educational purposes only. This post should not be taken as legal advice or used as a substitute for such. You should always speak to your own lawyer.