Everyone deserves to feel safe on campus.
The purpose of Title IX of the Education Amendments of 1972 is to protect people participating in federally-funded educational activities–including most high schools and colleges–from unfair treatment “on the basis of sex.”
The Biden administration’s final rule on the new Title IX regulations took effect on August 1, 2024. As the Fall 2024 school year starts up, here are four things you need to know about the new regulations and how to access Title IX resources.
The 2024 regulations:
- Increase protections under expanded sex-based harassment definition. The new guidelines re-name sexual harassment as sex-based harassment and expands the definition. Under this new definition, Title IX protects students experiencing harassment based on sexual orientation, gender identity, and pregnancy or related conditions. This means that people who are experiencing issues of harassment like being misgendered or not having a private, clean space for breastfeeding now have a way to seek remedies & support under Title IX regulations!
- Expand the definition of “Hostile Environment.” Sex-based harassment can create a “hostile environment,” which is a key component of the Title IX response. The new regulations broaden the definition of “hostile environment.” Under the 2020 regulations, unwelcome conduct must be “severe, pervasive, and objectively offensive to constitute a ‘hostile environment.’” Now, the unwelcome conduct, based on the totality of the circumstances, must be:
- Subjectively and objectively offensive
- Severe, persistent, or pervasive
- Limits or denies the ability to participate in/benefit from the education program or activity
- Cover some off-campus conduct, in cases where the conduct impacts the recipient’s education program or activity on campus. For example, if a student experiences sex-based harassment outside the US by a fellow student, they could seek Title IX remedies when both return to campus.
- Make live hearings optional for informal investigations. Live hearings can be retraumatizing for survivors and stressful for all parties involved. While they were required under the 2020 regulations, live hearings are now one option but are no longer required.
To learn more, check out the It’s On Us Toolkit to understand the new regulations.
If you have any specific questions, our legal advocacy team is here to help! Call our hotline at 800-841-8371 or message us at barcc.org/chat from 9 a.m.–11 p.m. daily.
Note: Title IX affects many different types of programs and people. So for the purposes of this article, we’re focusing on how the recent changes impact college life and policies.
