Title IX Compliance: The Impact of the DOE’s April Rule 

In April 2024, the US Department of Education (DOE) introduced new rules to enhance and clarify Title IX compliance, significantly shifting the landscape of how educational institutions must address sex discrimination. The implications of the new DOE rule are far-reaching, affecting everything from policy development to the handling of complaints and the training of staff members. 

HR professionals in the education sector play a pivotal role in navigating these changes. While these new regulations might feel overwhelming, they also offer an opportunity to refine your institution’s approach to creating a safe, inclusive space for everyone. By staying informed about the essentials of Title IX and adapting to new requirements, you can lead the way in ensuring that every employee and student feels respected and protected. 

Key elements of Title IX 

Title IX of the Education Amendments of 1972 is a federal civil rights law that prohibits sex-based discrimination in any K-12 school, college or university that receives funding from the federal government. It covers a wide range of activities, from admissions and financial aid to athletics and employment. The law requires institutions to act swiftly to address sexual harassment, assault, and other forms of sexual violence to ensure a safe learning environment for all. 

Essential Title IX components to know 

To effectively comply with Title IX, it’s crucial to have a firm grasp on several key components: 

• Title IX Coordinator: Your institution must designate a trained Title IX Coordinator responsible for overseeing compliance. 

• Policies and Procedures: Clear guidelines are necessary for how complaints of sex discrimination, harassment, and sexual misconduct are filed, investigated, and resolved. 

• Education Programs: Ongoing education for employees, students, and faculty is essential, focusing on Title IX policies, rights, responsibilities, and how to recognize and report misconduct. 

• Investigation Process: A fair and thorough process for investigating complaints, with supportive measures for all parties involved. 

• Anti-Retaliation Policies: Protecting individuals who file a complaint or participate in an investigation is crucial for maintaining trust in the system. 

• Record Keeping: Keeping detailed records of complaints, investigations, and resolutions to ensure transparency and accountability. 

• Monitoring Compliance: Regularly reviewing and updating Title IX policies to stay compliant with the latest laws and regulations. 

Impacts of the DOE’s April rule 

The DOE’s April rule brings several significant updates: 

• Expanded Definitions and Protections: The new rule broadens the definition of sexual harassment, ensuring that more forms of misconduct are covered under Title IX. 

• Live Hearings and Cross-Examinations: Postsecondary institutions must now conduct live hearings with cross-examinations by the parties’ advisors, promoting fairness and transparency. 

• Presumption of Innocence: Emphasizing the presumption of innocence for respondents, ensuring disciplinary actions are only taken after a fair investigation. 

• Supportive Measures: Institutions must offer supportive measures to both complainants and respondents, regardless of whether a formal complaint is filed. 

• Detailed Recordkeeping: The new rule requires more comprehensive documentation of all Title IX complaints, investigations, and outcomes, enhancing accountability. 

Training deadlines under DOE’s new rule and California Education Code Section 67385.7 

Training is at the heart of effective Title IX compliance. Under the DOE’s new rule, all Title IX coordinators, investigators, decision-makers, and anyone involved in the grievance process must receive training on the new regulations before handling any Title IX cases. Regular training ensures that all personnel are up to date with the latest policies and procedures, with the DOE recommending annual sessions to maintain compliance. 

In California, the Education Code Section 67385.7 mandates annual sexual harassment prevention training for students that includes Title IX requirements, in all postsecondary institutions beginning September 1, 2024. Additionally, annual sex discrimination training for employees must be implemented by August 1, 2024. New employees must receive training within their first six months, ensuring they’re prepared to contribute to a safe and respectful campus environment from day one. 

7 Steps to Title IX compliance 

Ensuring compliance with Title IX can seem daunting, but breaking it down into actionable steps can make it manageable: 

1. Prevent Discrimination: Regularly review and update your institution’s Title IX policies to align with the latest regulations. 

2. Provide Comprehensive Training: Offer ongoing training to all staff, students, and employees on Title IX policies, rights, and responsibilities. 

3. Respond to Incidents: Address and resolve complaints effectively, ensuring thorough investigations and appropriate support. 

4. Provide Remedies: Ensure that victims of discrimination and harassment receive the necessary support to continue their education without further hindrance. This may include academic accommodations, counseling services and changes in housing or class schedules. 

5. Document Accountability: Keep detailed records of complaints, investigations, and outcomes to maintain a clear audit trail. 

6. Foster a Supportive Environment: Build a culture of respect and inclusivity where everyone feels safe reporting incidents. 

7. Ensure Fair and Transparent Processes: Implement clear and fair grievance procedures, protecting the privacy and rights of all involved. 

How Traliant can help 

Traliant’s Title IX: Preventing Sexual Discrimination training helps your employees and students understand their responsibilities and rights under Title IX. Our course, crafted by legal experts, is available in two versions: 

• Preventing Sexual Discrimination for Faculty & Staff: Complies with the DOE’s April 2024 rule, ensuring your staff receives the required annual training, including new requirements related to pregnancy modifications under Title IX. 

• Preventing Sexual Discrimination for Students: Meets the requirements of California Education Code Section 67385.7 to provide annual training to prevent and address sexual violence and harassment beginning September 1, 2024.