Page 17 - BusinessWest August 19, 2024

New Title IX Compliance
Schools Need to Consider These Seven Key Questions
BY KATHLEEN E. DION AND SABRINA GALLI
Schools across the nation were required to comply with the new Title IX regulations by Aug. 1,
2024, and were undoubtedly given a lot to think about. As institutions continue to iron out new policies and procedures, they will need to balance a number of moving pieces. When trying to priori- tize implementation, here is a list of top questions federally funded institutions should ensure they have answered.
1. Is the school’s Title IX coordina-
tor up to date on all new regulations?
The Title IX coordinator’s role has been
greatly expanded by these new regula-
tions, and it is of the utmost importance that such coordinators are aware of all changes.
SABRINA GALLI
“If they did not have a policy in place already, schools also must ensure that they have a policy prohibiting retaliation, including at the peer level, and that the policy calls for handling complaints of retaliation the same way it manages complaints of other forms of sex discrimination.”
For example, coordinators should be aware that the breadth of activities covered under Title IX have increased, such that the new Title IX regula- tions also apply to conduct that occurs in a building owned or controlled by a recognized student organization, conduct outside of the U.S. (for example, in study-abroad programs), and conduct subject to the school’s disciplinary authority. Additionally, coordinators should be prepared for an influx of complaints now that such complaints are no longer required to be formally in writing.
2. Does the institution’s Title IX policy include the expanded scope of sex-based discrimination? Under the new regulations, sex discrimina-
tion now includes “all forms of sex-based discrimination,” as opposed to only sexual harassment, based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. The regulations also prohibit discrimination based on parental, family, or marital status.
3. Have all necessary non-discrimination policies been drafted and finalized? The new Title IX regulations require that a notice of non-dis- crimination be provided to students, employees, applicants for admission and employment, and all unions and professional organizations holding col- lective-bargaining agreements.
KATHLEEN E. DION
Further, if they did not have a policy in place already, schools also must ensure that they have
Title IX
Continued on page 18
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