Title IX Implementation

August 2021 Update

The U.S. Department of Education’s Office for Civil Rights (OCR) enforces, among other statutes, Title IX of the Education Amendments of 1972. Title IX is meant to protect people from discrimination based on sex in education programs or activities that receive Federal financial assistance. Title IX states that: No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

August 2021 Update – Schools now permitted to rely on relevant evidence

The 2020 Final Title IX Regulations created by the Trump Administration shifted Title IX’s focus away from survivor-centered campus processes and created more barriers for survivors. The Biden Administration is signaling changes, but must follow lengthy procedures before fully replacing the current law.

​However, small changes can come from a variety of sources – including court orders. The Victim Rights Law Center sued the Department of Education, and the Court ordered the Department to remove one of the 2020 Rule’s most harmful sections.

Before the Court Order, campuses were not allowed to consider evidence (including text message confessions, apologies, or other admissions; statements made to law enforcement or campus investigators; or other critical information) if a Respondent or Witness simply refused cross-examination.

​This created a gaping loophole – if a Respondent knew they admitted the sexual violence in a text message or email, or they told an investigator something that conveyed responsibility, they could wipe that evidence from consideration simply by refusing to attend the full hearing or just the cross-examination section.

To comply with the court order, the U.S. Department of Education eliminated this part of the rule. Schools are now permitted to rely on relevant evidence provided by a party or witness even if that person declines cross-examination.

OAESV expresses our sincere gratitude to the Plaintiffs in Victim Rights Law Center v. Cardona for their work in creating this critical change.

July 2021 Update

July 2020 Update

President Biden issued Executive Order 14021 on March 8, 2021, spurring review of the 2020 DeVos Title IX changes. Click the links to see the Executive Order and OAESV’s accompanying fact sheet below.

 

Press Release from US Department of Education – June 16, 2021

FOR IMMEDIATE RELEASE
June 16, 2021
Contacts:
News reporters: 202-401-1576 or press@ed.gov
General public: 800-421-3481 or ocr@ed.gov

U.S. Department of Education Confirms Title IX Protects Students from Discrimination Based on Sexual Orientation and Gender Identity

The U.S. Department of Education’s Office for Civil Rights today issued a Notice of Interpretation explaining that it will enforce Title IX’s prohibition on discrimination on the basis of sex to include: (1) discrimination based on sexual orientation; and (2) discrimination based on gender identity. Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in any education program or activity offered by a recipient of federal financial assistance.

The Department’s interpretation stems from the landmark U.S. Supreme Court decision in Bostock v. Clayton County, issued one year ago this week, in which the Supreme Court recognized that it is impossible to discriminate against a person based on their sexual orientation or gender identity without discriminating against that person based on sex.

“The Supreme Court has upheld the right for LGBTQ+ people to live and work without fear of harassment, exclusion, and discrimination – and our LGBTQ+ students have the same rights and deserve the same protections. I’m proud to have directed the Office for Civil Rights to enforce Title IX to protect all students from all forms of sex discrimination,” said U.S. Secretary of Education Miguel Cardona. “Today, the Department makes clear that all students—including LGBTQ+ students—deserve the opportunity to learn and thrive in schools that are free from discrimination.”

As OCR recently reported, LGBTQ+ students often face additional challenges in schools, including disproportionately experiencing persistent bullying, harassment, and victimization. The vulnerability of LGBTQ+ students has only increased during the COVID-19 pandemic, leaving them without access to school-based mental health services and other supports. One survey found that 78 percent of transgender and nonbinary youth reported that their mental health was “poor” either most of the time or always during COVID-19, compared with 61 percent of cisgender youth.

“The Department of Education strives to provide schools with the support they need to create learning environments that enable all students to succeed, regardless of their gender identity or sexual orientation. Equity in education means all students have access to schools that allow them to learn and thrive in all aspects of their educational experience,” said Acting Assistant Secretary for Civil Rights Suzanne B. Goldberg. “As part of our mission to protect all students’ civil rights, it is essential that OCR acts to eliminate discrimination that targets LGBTQ+ students.”

Today’s Notice of Interpretation continues OCR’s sustained effort to promote safe and inclusive schools for all students, including LGBTQ+ students. This action is part of the Biden-Harris Administration’s commitment to advance the rights of the LGBTQ+ community, set out in President Biden’s Executive Order on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity and the Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation.

The Department of Education’s Notice of Interpretation is available here.

More information and resources for LGBTQ+ students are available here.

###

2020 Regulation Changes

In May 2020, OAESV held a three-part series to discuss the May 6, 2020, Title IX Regulations. Recordings of all three parts can be found on at oaesv.org/YouTube. Part 1 is shown directly below.

Resources

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