The path to implementing new Title IX regulations has been a long and winding road for the Biden administration as we have watched three self-imposed deadlines come and go. However, on February 2, 2024, the U.S. Department of Education took a major step in transmitting the proposed regulations to the Office of Information and Regulatory Affairs (OIRA) for review. Once OIRA completes its review, the regulations return to the Dept. of Ed. for final review and publication, which is anticipated to happen sometime in late spring/early summer.

Although it is unclear as to the exact date the new regulations will officially take effect, it is likely that schools will be responsible for implementation of the new regulations during the 2024-2025 academic year. This means institutions should start preparing for policy revisions and training programs on the new regulations now, while there is still time.

Projected Major Changes to the Current Regulations:

-          There will be an expanded definition of sexual harassment.

-          LGBTQ Protections will be updated and expanded.

-          Pregnancy and parenting protections will be clarified.

-          Procedural flexibility on how to conduct procedures live hearings and cross examinations.

-          Return of the Mandatory Reporter, and

-          Geographic coverage and responsibility to address sexual harassment is likely to expand to include off-campus incidents.

What are the Costs of Title IX Incidents?

Personal: Incidents may cause long-term physical and emotional harm to students, staff, and faculty.

Reputational: Damaging headlines may go viral within seconds due to social media and 24/7 news cycles.

Financial: There may be bottom-line impacts due to claims and legal expenses as well as a decrease in alumni donations. The average cost to settle a Title IX legal claim is $350,000.

Organizational: Administrators in “crisis mode” are distracted from their mission. Strained relationships and divisions within the educational institution may result in less efficient reporting structures.

What Happens Next?

PKM will continue to monitor the effective date of the proposed Title IX rule changes. Rather than just interpreting and parroting back the law, we have more than 125 years of combined experience that allows us to help educational institutions overcome challenges and we will continue to help them proactively navigate the new rule changes.

Our staff consists of recognized content experts in education and has on-the-ground experience in education administration (K-12 and Higher-Ed), policy setting, risk management and legal arenas. We are here to help in the areas of:

–        Assessment

–        Policy review and updates

–        Investigations/Hearings

–        Training and implementation

Next Steps

Consider the state of your current programs and how PKM can help:

–        Prepare your institution for the coming changes

–        Assist in preventing issues that lead to complaints or litigation

–        Create a more inclusive and safer campus for all.

In addition, we will be offering a first-response webinar to review the changes with you as soon as they are announced, so please keep your eyes open as invitations will be sent out closer to the release date.

David J. Sipusic, J.D., Senior Counsel

Peters, Kalail & Markakis, Co., L.P.A.

Phone: (216) 503-5083

Email:  [email protected]