What You Need to Know After much delay, the U.S. Department of Education has published its Title IX Final Rule, which prohibits discrimination on the basis of sex in education programs or activities receiving Federal financial assistance. The robust 1,577 page Final Rule clarifies the scope and application of Title IX and the obligations of institutions that receive Federal financial assistance from the Department. It amends current regulations, which took effect in August 2020. The Final Rule takes effect August 1, 2024.
Of particular note for AACS members, the new Title IX regulations change how and when employees of a college must take action when they learn of conduct that may constitute sexual harassment under the law. Currently, the law allows colleges to designate specific employees who must take action. This new rule broadens this to a larger group of employees.
These changes will likely increase burdens on colleges, including changes to existing policies and procedures and the implementation of training for employees. In response to comments about the burdens and cost that the Final Rule will impose on colleges, the Department expressed doubt that any significant cost increases would result. In response to the Final Rule, Attorney Generals in Louisiana, Mississippi, Montana and Idaho filed a lawsuit in the Western District of Louisiana in Monroe.
The publication of the Final Rule comes after a number of delays by the Department. AACS will analyze the Final Rule closely and provide an updated regulatory impact analysis to membership.
Why This is Important to You The Title IX Final Rule has significant compliance implications for AACS members. Colleges will be required to change policies and procedures implementing the regulations. They will also need to train all employees in their new reporting obligations under the rule. AACS is closely reviewing this 1,577 page Final Rule, and will provide further updates as needed.
For more information: Title IX Final Rule Lawsuit |