MAY 6, 2020
Today, the United States Department of Education released its Final Rule under Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in education programs or activities receiving federal financial assistance. The official version has been sent to the Office of the Federal Register but has not yet been scheduled for publication according to the Department’s Press Release.
The Department also released a Fact Sheet and a Final Rule overview and detailed the major provisions of the Final Rule and the changes between the prior Notice of Proposed Rule making and the Final Rule.
The regulations are set to take effect on August 14, 2020.
According to the Department’s May 6, 2020 Press Release, the Title IX regulations define sexual harassment, including sexual assault, as unlawful sex discrimination and hold schools accountable for failure to respond equitably and promptly to sexual misconduct incidents.
The Department previously addressed sexual harassment through guidance documents. Now, the Department’s regulations impose important legal obligations on schools, requiring a prompt response to reports of sexual harassment. Per the Department’s Final Rule Overview, the Final Rule addresses the requirements for how schools must respond to sexual harassment under Title IX “so that every complainant receives appropriate support, respondents are treated as responsible only after receiving due process and fundamental fairness, and school officials serve impartially without bias for or against any party.”
Please do not hesitate to contact our office to discuss in further detail how the Department’s regulations impact your school.
See Press Release and related information at: https://www.ed.gov/news/press-releases/secretary-devos-takes-historic-action-strengthen-title-ix-protections-all-students
McKenna Snyder LLC