Education Department Proposes New Title IX Regulations: Responding to Sex Discrimination and Harassment at School [August 10, 2022] [open pdf - 756KB]
From the Document: "The Department of Education (ED) recently issued [hyperlink] a Notice of Proposed Rulemaking (NPRM) to amend its current regulations that implement Title IX [hyperlink] of the Education Amendments Act of 1972 (Title IX). Title IX prohibits [hyperlink] discrimination on the basis of sex in education programs or activities that receive federal financial assistance. As explained in more depth in an earlier Legal Sidebar [hyperlink], ED previously overhauled [hyperlink] its Title IX regulations in 2020. The changes ED made in 2020 focused in large part on delineating how schools must respond to allegations of sexual harassment. The new NPRM, if adopted, would change a school's responsibilities with respect to such responses in several ways. In addition, the proposal would define [hyperlink] Title IX's prohibition of sex discrimination to extend to 'sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.' This Legal Sidebar focuses on the changes the NPRM would make regarding a school's response to allegations of sex discrimination. It begins with an examination of the NPRM's provisions for a school's responsibilities under the statute, including training and monitoring requirements, as well as what conduct counts as sex-based harassment for purposes of Title IX. The Sidebar then focuses on the NPRM's requirements for recipient schools' grievance procedures when responding to allegations of sex discrimination generally and concludes by addressing the NPRM's more specific grievance procedures proposed for postsecondary institutions when investigating and adjudicating allegations of sex-based harassment."
CRS Legal Sidebar, LSB10804
Congressional Research Service: https://crsreports.congress.gov/