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<\/p>\r\n\r\n\r\n\r\n\r\n\r\nTitle IX regulations hold educational institutions accountable for any failures to respond in a timely and equitable manner to sexual misconduct allegations. These regulations seek to ensure a reliable adjudication process that is fair to all students regardless of background, status, sexuality, gender, race or ethnicity. Recently, U.S. Secretary of Education, Betsy DeVos, took actions to alter Title IX regulations. It is important that all educational institutions are aware of the resulting changes in order to remain compliant, otherwise they risk losing federal funding. This article explores the new regulations and will highlight new requirements to remain in compliance.<\/p>\r\n\r\n\r\n\r\n\r\n\r\n
According to the U.S. Department of Education website<\/a>, the new regulations to Title IX were a response to a widespread need for a more transparent response process in regard to allegations of sexual misconduct.<\/p>\r\n\r\n\r\n\r\n According to DeVos, many students have lost access to their education because their school inadequately responded to sexual harassment or sexual assault complaints. The new regulation requires schools to act in meaningful ways to support survivors of sexual misconduct, while ensuring a fair and transparent process.<\/p>\r\n\r\n\r\n\r\n With the recent changes<\/a> to Title IX regulations being passed into law this year, educational institutions now have until August 14, 2020 to become compliant. Some of the key changes include new protections for both survivors and the accused, requiring that institutions provide live hearings and allowing for students\u2019 advisors to cross-examine parties and witnesses involved in investigations. With these new rules, institutions must assume that any parties accused of sexual harassment are innocent until all investigations and decision-making processes have been completed.<\/p>\r\n\r\n\r\n\r\n Furthermore, statements and evidence made by parties that are not cross-examined as a part of the Title IX investigation process may not be used as evidence according to the new regulations. The term \u201cActual Knowledge\u201d was defined as an allegation that has been reported to a Title IX coordinator or to any official who has authority to begin corrective measures. The definition of sexual harassment<\/a> has also changed under these brand-new updates. It is especially important to be aware that the new definition of sexual harassment, according to the U.S. Department of Education:<\/p>\r\n\r\n\r\n\r\n \u201cdefines sexual harassment broadly to include any of three types of misconduct on the basis of sex, all of which jeopardize the equal access to education that Title IX is designed to protect: any instance of quid pro quo<\/em> harassment by a school\u2019s employee; any unwelcome conduct that a reasonable person would find so severe, pervasive, and objectively offensive that it denies a person equal education access; any instance of sexual assault (as defined in the Clery Act), dating violence, domestic violence, or stalking as defined in the Violence Against Women Act.\u201d<\/p>\r\n\r\n\r\n\r\n As is the case any legal changes are made to such vastly important regulations, you and your organization will want to take time to carefully evaluate how the new Title IX updates will impact the way you handle business.<\/p>\r\n\r\n\r\n\r\n Moving forward, your institution should be aware of some of the turmoil and debate that the new Title IX regulations have caused. Socially, politically and judicially there are many moving parts that have begun as a result of Betsy DeVos leading these changes. Since taking office, DeVos has repealed several Obama-era Title IX regulations that have impacted transgender students, sexual harassment survivors, school systems, etc. Advocates from different sides<\/a> of the issue have been left feeling frustrated by some of the language and new provisions outlined recently. Many universities and colleges, such as Harvard<\/a>, are working hard to make changes by August 14th<\/sup> that will keep them compliant. Harvard University President, Lawrence S. Bacow, made a statement that Harvard remains committed to community needs, keeping these issues at the forefront of the university\u2019s efforts to remain complaint.<\/p>\r\n\r\n\r\n\r\n Legal scholars predict a backlash from the new definition of sexual harassment outlined in recent Title IX updates as well as from the new requirement for colleges and universities to hold live hearings in which evidence that has not been cross-examined may be deemed inadmissible. At a time during which the coronavirus<\/a> has already tilted many educational experiences on their heads, the general consensus is that the new Title IX regulations will create a somewhat turbulent 2020-2021 school year.\u00a0<\/p>\r\n\r\n\r\n\r\n What does this mean for you? It will be imperative, moving forward, that all educational institutions are staying up to date on the legal and social implications of Title IX so that they can remain compliant while protecting student interests in equitable and fair manners despite all the moving parts that come along with the changes.<\/p>\r\n\r\n\r\n\r\n One of the best ways for any institution to stay protected is to invest in their Title IX Coordinator. Ideally, an entire team or office of Title IX experts should be working to keep your organization compliant moving forward.<\/p>\r\n\r\n\r\n\r\n A Title IX coordinator is a responsible employee who is in charge of Title IX compliance efforts. Their work is crucial to the development, implementation and monitoring of any and all meaningful efforts to comply with Title IX. Title IX Coordinators must:<\/p>\r\n\r\n\r\n\r\n According to the National Science Federation<\/a> of the U.S. government, best practices for staying compliant with Title IX include the following:<\/p>\r\n\r\n\r\n\r\n With such a tumultuous transition into the new Title IX regulations this fall, it will be imperative for educational institutions make good use of varied and comprehensive training resources. It will be crucial to understand different perspectives of what the new regulations might mean for students in addition to the changes that organizations will have to make. As stewards of education, you and your team will want to ensure the best experience possible for students, so taking steps to get ready for the August 14th<\/sup> deadline for compliance will be critical in the weeks ahead. Beyond that, you will want to stay dedicated to learning about Title IX and brushing up on regulations periodically so that you can provide a safe and equitable learning environment for all who seek it.<\/p>\r\n\r\n\r\n\r\n A great step to take is to use KnowledgeCity\u2019s course, Title IX Compliance: Federally Funded Education Activities and Programs<\/a> to gain a deeper understanding of what Title IX is, best practices for remaining in compliance despite changes to policy, best practices for addressing grievances, how Title IX specifically applies to athletics and so much more. It\u2019s crucial that every organization that is required to be compliant with Title IX has a team of experts on hand to prevent issues.<\/p>\r\n\r\n\r\n\r\nHere are key provisions of the Department of Education\u2019s new 2020 Title IX regulations:<\/h4>\r\n\r\n\r\n\r\n
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Updates to the Definition of Sexual Harassment<\/strong><\/h3>\r\n\r\n\r\n\r\n
So, what is different about this definition from its processor? Here are the key alterations<\/a> to look out for:<\/h4>\r\n\r\n\r\n\r\n
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Requirements for Every Educational Institution to Be Aware Of<\/strong><\/h3>\r\n\r\n\r\n\r\n
If you work in a K-12 environment<\/a>, here\u2019s what you\u2019ll need to keep in mind moving forward:<\/h4>\r\n\r\n\r\n\r\n
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If you work in college or university environments<\/a>, here\u2019s what you will need to keep in mind:<\/h4>\r\n\r\n\r\n\r\n
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How Will This Affect My Organization?<\/strong><\/h3>\r\n\r\n\r\n\r\n
What is a Title IX Coordinator Responsible For?<\/strong><\/h3>\r\n\r\n\r\n\r\n
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Best Practices for Staying in Compliance<\/strong><\/h3>\r\n\r\n\r\n\r\n
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Next Steps<\/strong><\/h3>\r\n\r\n\r\n\r\n
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