Final Title IX Regulations Released

The long-awaited final regulations on Title IX, which were released last month by the Biden Administration, significantly expand the scope of Title IX’s reach on college campuses. Unlike the Trump Administration’s Title IX rules, which addressed sexual harassment only, the new regulations dramatically increase coverage to apply more broadly to all forms of sex discrimination, including discrimination on the basis of sexual orientation and gender identity.

Notably, the final rules do not contain provisions regarding transgender students’ eligibility to participate on sex-segregated athletic teams. The regulations also use a broader definition of sexual harassment and cover a wider range of parties and geographic scope.

The new rules become effective on August 1, although at least two lawsuits have already been filed, raising the possibility that implementation could be delayed by an injunction.

In addition, the new rules eliminate or soften some of the more controversial procedural provisions in the current regulations. For example, the Biden regulations permit, but do not require, a live hearing and use of the preponderance of the evidence standard. In other ways, however, the regulations are just as detailed and prescriptive as the Trump rules. This level of specificity, combined with the broadened scope of the rules, will be very challenging for campuses to implement and a particularly heavy burden for Title IX Coordinators going forward.

NAICU has created several resources to help campuses better understand the Title IX regulations and their potential implications, including:

• An Executive Summary that describes key aspects of the regulations.
• A Technical Summary that provides a more detailed analysis.
• An informational webinar scheduled for Monday, May 6 at 1:00 p.m. EDT (Register).

In addition, the Department of Education has issued a fact sheet, a summary of the major provisions, and a resource for drafting Title IX nondiscrimination policies, notices of nondiscrimination, and grievance procedures.