In 1972, Congress enacted Title IX, a federal law to prevent sex-based discrimination in schools. Over time, court cases have interpreted the law to require schools to protect students from sex-based harassment and sexual violence.
Under Title IX, schools are obligated to ensure that sexual violence does not impede a student’s access to education.
- Title IX applies to all colleges and universities that receive any federal funding, including student financial aid.
- Title IX also protects all students in K-12 schools that receive federal funding.
Why Does Title IX Matter to Survivors of Sexual Violence?
Most people think of Title IX as legislation that ensures equal access to school sports programs and protects students from inappropriate jokes—and both are true. But Title IX does so much more.
Sexual assault and sexual abuse are forms of sex discrimination, and Title IX enshrines key protections that help students stay in school after experiencing campus sexual violence.
Students who experience sexual assault are more likely to earn lower GPAs, struggle with emotional self-regulation, and drop out of school altogether. The university dropout rate jumps from an average of 29.8 percent to 34.1 percent for students who experience sexual victimization.
While student survivors can access off-campus support from hospitals or police departments, Title IX is uniquely positioned to support survivors with these accommodations and resources:
- Homework extensions
- Schedule changes
- Dorm changes
- Mental health counseling
- GPA adjustments
- Student loan counseling
- No-contact orders
The support guaranteed under Title IX helps protect survivors from cutting their educations short due to a hostile learning environment.
What's Happening With Title IX?
April 2024: The Biden Administration finalized its Title IX Rule, which is set to go into effect on August 1, 2024.
June 2024: Earlier this month, the House and Senate introduced H.J.Res.165 and S.J.Res.96, joint resolutions that would nullify the new Title IX rule. The House’s joint resolution will go to a vote on July 8, 2024. In addition to these joint resolutions, numerous states have filed lawsuits against the Department of Education for the rule, and a federal judge has blocked the rule in six states.
10 Title IX Revisions Taking Effect on August 1, 2024
These final regulations apply to complaints of sex discrimination conduct that occur on or after August 1, 2024:
1. Definition of Sex-Based Harassment
Schools have an obligation to address all forms of sex-based harassment.
2. Off-Campus Harassment
Schools are required to address instances of sex discrimination that occur during a school activity in the United States. Schools are also required to address instances of sex discrimination that occur off-campus or outside of educational activities if the incident creates a hostile environment in school.
3. Clarifications on Online Harassment
The Department clarifies that online harassment is unwelcome conduct on social media platforms and includes the distribution of non-consensual intimate images, whether authentic images or images altered by artificial intelligence (AI).
4. Timing
Schools are required to address complaints from individuals who are no longer students as long as the incident occurred while they were still in school.
5. Access to Supportive Measures
Schools are required to offer supportive measures to restore or preserve a safe learning environment or provide support throughout the grievance procedure or informal resolution process. Supportive measures can include academic extensions, schedule and dorm changes, mental health counseling, no-contact orders, and more.
6. A Prompt, Equitable, and Fair Process for All Parties
Schools are required to act promptly and effectively to address sexual violence and harassment, as well as train employees on their obligations to report instances of sexual violence. Schools are required to conduct reliable and impartial investigations of all sex discrimination complaints.
7. Flexibility in Grievance Procedure Requirements
The Department of Education provides schools with flexibility and discretion to account for variations in school size, student population, and administrative structure.
8. Informal Resolutions
Schools are permitted to offer students an informal resolution process for sex discrimination if all parties consent to the process. Informal resolutions are unavailable for complaints that include an allegation against an employee or if the process would conflict with Federal, State, or local law.
9. Retaliation Protections
Schools are prohibited from intimidating, threatening, coercing, or discriminating against a student in an attempt to interfere with their rights under Title IX. Schools are also obligated to protect students from peer retaliation.
10. Transparency
Schools are required to clearly and effectively communicate their non-discrimination policies to students, employees, and applicants.
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