Title IX

Title IX of the Education Amendments of 1972 is a federal civil rights law that prohibits discrimination based on sex in education programs or activities that receive federal financial assistance. The law applies to every single aspect of education, including recruitment, admissions, and counseling; financial assistance; athletics; sex-based harassment, which encompasses sexual assault and other forms of sexual violence; student health services; housing; treatment of pregnant and parenting students; treatment of LGBTQ+ students; discipline; single-sex education; and employment.


Title IX

Regulatory Review

The U.S. Education Department's Office for Civil Rights (OCR) recently announced a comprehensive review of the agency's regulations implementing Title IX of the Education Amendments of 1972, in direct response to President Biden's March 8, 2021 Executive Order on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity. The department hosted a five-day virtual public hearing in June 2021 to collect comments on steps to be taken to ensure students who experience sexual harassment, including sexual violence, receive appropriate supports; schools provide fair processes for resolving complaints of sexual harassment, including sexual violence; and students who have experienced discrimination based on gender identify and sexual orientation have their legal rights fully met. AACRAO joined the higher education community in a statement for the proceedings. Following the hearings, the department will review the input from stakeholders and said that it intends to release a new proposed rule in May 2022.

The Education Department, under former Secretary Betsy DeVos, released new rules to overhaul Title IX enforcement. The final regulations, which drastically alter the way colleges and universities handle sexual assault and harassment charges, took effect August 14, 2020. President Biden's executive order specifically directs the agency to review the previous administration's rule and consider "suspending, revising, or rescinding" it.

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