According to the US Department of Education (DoED), the proposed changes to Title IX issued in December 2018 are the first time that Title IX protections against sex discrimination (harassment and assault) have been codified in a regulation. Under the proposed regulation, sexual harassment includes harassment and assault.
The proposed regulation described three things:
- What constitutes sexual harassment under Title IX.
- What triggers a school’s legal obligation to respond to incidents or allegations.
- How a school must respond.
Subject matter experts Jaimee Gilford, University of Wisconsin-Madison, and Josh Bronson, IACLEA, reviewed the proposed changes for consideration by IACLEA’s Government Relations Committee, and, ultimately, for IACLEA Board Members to review. Specific concerns included, but were not limited to:
- What triggers a school’s obligation to respond.
- A school liability under Title IX when the school knows of sexual harassment allegations and responds in a way that is “deliberately indifferent,” which is defined as clearly unreasonable in light of the known circumstances.
- Grievance procedures to handle each formal complaint of sexual harassment.
- Upon the filing of a formal complaint, the school must give written notice to the parties containing sufficient details to permit a party to prepare for any initial interview and proceed with a factual investigation.
IACLEA successfully submitted its comments to the Federal Register regarding the Department of Education’s new regulations for Title IX on January 28, 2019.
If you would like to view the full report, please contact IACLEA Director of Government and External Relations Altmann R. Pannell at email@example.com or (202) 618-8118.