Department of Education Releases Proposed Changes to Title IX Regulations

On Thursday, June 23, 2022, the Department of Education released proposed changes to Title IX regulations that protect students from sexual harassment, assault, and sex-based discrimination. According to the Department of Education press release, “the proposed regulations will advance educational equity and opportunity for women and girls across the country to ensure that every student in America, from kindergarten through a doctorate degree, can achieve her dreams.” The proposed regulations would make several important changes, including:

  • Clearly protecting students and employees from all forms of sex discrimination.
  • Provide full protection from sex-based harassment.
  • Require schools to take prompt and effective action to end any sex discrimination in their educational programs or activities – and to prevent its recurrence and remedy its effects.
  • Require schools to respond promptly to all complaints of sex discrimination with a fair and reliable process that includes trained, unbiased decision makers to evaluate the evidence.
  • Protect LGBTQI+ students from discrimination based on sexual orientation, gender identity, and sex characteristics.

The Department’s proposed Title IX regulations will be open for public comment for 60 days from the date of publication in the Federal Register. As of now, only the proposed regulation is available.

House Education and Labor Committee Char Bobby Scott (D-VA) said in a statement, “The Education Department’s new proposed Title IX regulations mark a monumental step in our fight to address sexual harassment, assault, and discrimination in K-12 and higher education—all while preserving the rights of the accused. By expanding the critical protections under this law, the new regulations would help ensure that all students, including LGBTQI+ students, are fully protected from discrimination based on sex, sexual orientation, and gender identity. As we commemorate the 50th anniversary of Title IX, today’s announcement makes clear that the Biden-Harris administration is committed to restoring the intent of Title IX and fulfilling the promise of equal access to education for every student in America.”