Legislative Affairs

ED Issues Final Title IX Rule for Schools

  • 1.  ED Issues Final Title IX Rule for Schools

    Posted 05-15-2020 11:12
    Last week, the Department of Education (ED) published its final Title IX rule regarding sexual misconduct and discrimination issues in K-12 and higher education. The final regulation will take effect August 14, 2020. 

    ED says the rule defines sexual harassment, including sexual assault, as unlawful sex discrimination. It also hold schools accountable for failure to respond equitably and promptly to sexual misconduct trials and ensures a more reliable adjudication process that is fair to all students. Among the key provisions of the Title IX regulation, it:
    • defines sexual harassment to include sexual assault, dating violence, domestic violence, and stalking as unlawful discrimination on the basis of sex;
    • provides a consistent, legally sound framework on which survivors, the accused, and schools can rely;
    • requires schools to offer clear, accessible options for any person to report sexual harassment;
    • empowers survivors to make decisions about how a school responds to incidents of sexual harassment;
    • requires schools to offer survivors supportive measures, such as class or dorm reassignments or no-contact orders;
    • protects K-12 students by requiring elementary and secondary schools to respond promptly when any school employee has notice of sexual harassment;
    • restores fairness on college campuses by upholding all students' right to written notice of allegations, the right to an advisor, and the right to submit, cross-examine, and challenge evidence at a live hearing;
    • shields survivors from having to come face-to-face with the accused during a hearing and from answering questions posed personally by the accused;
    • requires schools to select one of two standards of evidence -- preponderance of evidence standard or clear and convincing evidence standard -- and apply the selected standard evenly to proceedings for all students and employees;
    • requires schools to offer an equal right of appeal for both parties to a Title IX proceeding;
    • gives schools flexibility to use technology to conduct Title IX investigations and hearings remotely; and
    • protects students and employees by prohibiting schools from using Title IX in a manner that deprives students and employees of rights guaranteed by the First Amendment. 

    More information on the rule is available below:
    White House May 6 Press Release
    ED Title IX Final Rule Overview
    Summary of Major Provisions of ED's Title IX Rule
    Comparison of the Final Title IX Rule to the Original Proposed Rule by ED
    ED OCR May 8 Webinar: Title IX Regulations Addressing Sexual Harassment 


    Also, please read this helpful analysis of the rule on AASA's blog. Note that ASBO International advocated with AASA in lockstep to oppose ED's original proposed Title IX rule last year. While there were some positive changes between the original and final rule as AASA notes, the new rule unfortunately will have a major impact on districts. Districts will be required to review and alter practices from the 2001 regulations, invest in significant staff training to implement the rule, create new processes for managing Title IX complaints, understand how officials will be unable to address cases occurring off-school grounds or online, and prepare for the likelihood that more students may pursue formal litigation regarding Title IX issues.


    ------------------------------
    ASBO USA
    asbousa@asbointl.org
    ------------------------------
    blank placeholder