Updating Your Title IX Framework
Powers Pyles Sutter & Verville PC
Katherine Demedis and Olivia O’Hea
August 17, 2020
Nine on IX: A Series of Articles Considering the New Title IX Rule
This is the second in a series of nine articles on the Department of Education’s new Title IX rule, which became effective on August 14, 2020. The series is focused on changes that schools will likely need to make to their existing Title IX policies to comply with the new rule.
Although the Department of Education’s new rule makes many changes to Title IX requirements for postsecondary institutions, much of the general Title IX framework remains the same. Institutions must still have the three core components: a policy of nondiscrimination, a grievance procedure, and a Title IX Coordinator. However, significant revisions will likely be required to the grievance procedure and there are new training and record retention requirements that institutions must implement. This article provides a high-level overview of these changes.
Nondiscrimination Policy
The requirements for the nondiscrimination policy have not changed. The policy may be a simple statement that: (1) the school does not discriminate on the basis of sex in its education program or activity; (2) such nondiscrimination is required by Title IX and the Department of Education’s regulations; (3) such nondiscrimination extends to admission and employment; and (4) inquiries about Title IX may be referred to the Title IX Coordinator, the Department of Education’s Office of Civil Rights, or both.