also clarifying that Title IX’s protections against discrimination based on sex apply to sexual orientation and gender identity. This clarification is necessary to fulfill Title IX’s nondiscrimination mandate.
Provide full protection from sex-based harassment.
The proposed regulations will restore vital protections for students against all forms of sex-based harassment. Under the previous Administration’s regulations, some forms of sex-based harassment were not considered to be a violation of Title IX, denying equal educational opportunity. The proposed regulations would cover all forms of sex-based harassment, including unwelcome sex-based conduct that creates a hostile environment by denying or limiting a person’s ability to participate in or benefit from a school’s education program or activity.
Protect the right of parents and guardians to support their elementary and secondary school children.
The proposed regulations would strengthen clear protection for parents, guardians, and other authorized legal representatives of students to act on behalf of a student, including by seeking assistance under Title IX and participating in any grievance procedures.
Protect students and employees who are pregnant or have pregnancy-related conditions.
The proposed regulations would update existing protections for students, applicants, and employees against discrimination because of pregnancy or related conditions. The proposed regulations would strengthen requirements that schools provide reasonable modifications for pregnant students, reasonable break time for pregnant employees, and lactation space.
Require schools to take prompt and effective action to end any sex discrimination in their education programs or activities—and to prevent its recurrence and remedy its effects.
The proposed regulations would promote accountability and fulfill Title IX’s nondiscrimination mandate by requiring schools to act promptly and effectively in response to information and complaints about sex discrimination in their education programs or activities. And they would require that schools train employees to notify the Title IX coordinator and respond to allegations of sex-based harassment in their education programs or activities.
Require schools to respond promptly to all complaints of sex discrimination with a fair and reliable process that includes trained, unbiased decisionmakers to evaluate all permissible evidence.
The proposed regulations would establish clear requirements for schools to conduct a reliable and impartial investigation of all sex discrimination complaints, as Title IX requires. The current regulations’ requirements cover only formal complaints of sexual harassment.
The proposed regulations would keep as much of the current regulations as possible to ensure consistency for schools and would update procedures to fill gaps and work more effectively in protecting against sex discrimination in the nation’s K-12 schools and postsecondary institutions.
The Department’s proposed regulations would include the following requirements:
- All schools must treat complainants and respondents equitably.
- Schools have the option to offer informal resolution for resolving sex discrimination complaints.
