Title IX Resources
A curated collection of Title IX and sexual violence prevention and response guidance.
The Biden administration’s proposed rulemaking for Title IX came out on June 23, 2022. You can read the full 701-page document here. Much of the changes reflect more openness rather than new or changing requirements. So, if you like your current process you can likely keep it. If you have been frustrated with some of the new requirements based on the Trump administration’s requirements, you may be able to make adjustments to better serve your students.
The Chronicle of Higher Ed offered the following succinct highlights.
- Enshrine protections for sexual orientation and gender identity, as well as “sex stereotypes, sex characteristics, [and] pregnancy or related conditions.”
- Permit, but no longer require, live hearings and cross examination in Title IX investigations.
- Expand the definition of sexual harassment.
- Clarify the protections students, faculty, and staff have from retaliation by their institution.
- Require colleges to confront off-campus conduct that “creates or contributes to a hostile environment.”
- Require certain campus employees to notify the Title IX office of possible sex discrimination, a return to broader mandatory-reporting requirements. If an incident involves students, anyone with “teaching” or “advising” responsibilities — in other words, most faculty members — must report it. Some professors have criticized mandatory reporting, saying it harms the trust they’ve built with their students.
- Require all other faculty and staff members to provide students with the contact information of the campus Title IX coordinator, unless they’re designated as confidential resources.
An important clarification that The Chronicle summary alludes to is the expanded definition of sexual harassment. The Trump/DeVos definition was that harassment had to be “severe, pervasive, and objectively offensive” (all of the above) and the new definition is “severe or pervasive.” The key switch here is from “and” (all of the above) to or (either).
This document includes updated Questions and Answers from the Biden administration’s Department of Education. This is meant to clarify current questions, while the Department updates its guidance. Sarah Brown from The Chronicle of Higher Education has a clear and succinct summary of key points here.
April 24, 2015
Not Alone: The First Report of the White House Task Force to Protect Students from Sexual Assault
Question and Answers on Title IX and Sexual Violence: US Department of Education
Bennett, L., Gregory, D. M., Loschiavo, C., & Waller, J. (2014). Student conduct administration & Title IX: Gold standard practices for resolution of allegations of sexual misconduct on college campuses. College Station, TX: Association of Student Conduct Administrators.
The Campus Sexual Violence Elimination Act of 2013
Dear Colleague letter from US Department of Education
American College Health Association (2008) Shifting the paradigm: Primary prevention of sexual violence. Linthicum, MD: American College Health Association
Guy, L. (2006). Revisioning the sexual violence continuum. In Shifting the paradigm: Primary prevention of sexual violence (pp. 10-11). Linthicum, MD: American College Health Association. www.acha.org/sexualviolence/docs/ACHA_PSV_toolkit.pdf