Proposed Title IX Provides Sexual Harassment Clarity to Schools

January 09, 2019
Publication
Inside HR
Affirmative Action

In November 2018, the U.S. Department of Education released its proposal on improving schools' responses to sexual harassment and assault. The proposed regulation under Title IX, the federal civil rights law that prohibits discrimination on the basis of sex in education programs or activities that receive federal funding, was developed after more than a year of research, deliberation, and gathering input from students, advocates, school administrators, Title IX coordinators, and other stakeholders.

The Department's proposed rule seeks to ensure that all schools clearly understand their legal obligations under Title IX and that all students clearly understand their options and rights.

Key Takeaway
The proposed rule would require schools to respond meaningfully to every known report of sexual harassment and to investigate every formal complaint. The proposed rule highlights the importance of supportive measures designed to preserve or restore a student's access to the school's education program or activity, with or without a formal complaint.

Supportive measures may include, but are not limited to, the following: academic course adjustments, counseling, no-contact orders, dorm room reassignments, leaves of absence, and class schedule changes. In addition to supportive measures, where there has been a finding of responsibility, the proposed rule would require remedies for the survivor to restore or preserve access to the school's education program or activity.

The Department's proposed Title IX rule will be open for public comment until January 28, 2019.

  • To view the Department's one page summary of the proposed Title IX rule, click here.
  • To take a deeper dive and review the proposed rule's section-by-section summary, click here.
  • To view the proposed rule in its entirety, click here.

Source: Michael Hyatt, HR Government Affairs Director, MRA – The Management Association; ED.gov press release (11/16/18)