U.S. Department of Education Releases Final Title IX Regulations, Providing Vital Protections Against Sex Discrimination
Department Advances Educational Equity and Opportunity
For more than 50 years, Title IX has paved the way for tremendous strides in access to education for millions of students across the country. Every student deserves educational opportunity free from discrimination. That is why today the U.S. Department of Education (Department) released its Final Rule under Title IX, which prohibits discrimination on the basis of sex in education programs or activities receiving federal financial assistance. The final regulations promote educational equity and opportunity for students across the country as well as accountability and fairness, while empowering and supporting students and families.
“For more than 50 years, Title IX has promised an equal opportunity to learn and thrive in our nation’s schools free from sex discrimination,” said U.S. Secretary of Education Miguel Cardona. “These final regulations build on the legacy of Title IX by clarifying that all our nation’s students can access schools that are safe, welcoming, and respect their rights.”
The final regulations advance Title IX’s promise of ensuring that no person experiences sex discrimination, including sex-based harassment or sexual violence, in federally funded education. The final regulations restore and strengthen vital protections for students, and provide schools with information to meet their Title IX obligations while offering appropriate discretion and flexibility to account for variations in school size, student populations, and administrative structures. The final regulations also require schools to take prompt and effective action when notified of conduct that reasonably may constitute sex discrimination in their education programs or activities. The final regulations also reaffirm the Department’s core commitment to fundamental fairness for all parties, the rights of parents and guardians to support their minor children, and respect for complainants’ autonomy.
The final regulations:
- Protect against all sex-based harassment and discrimination. The final rule protects all students and employees from all sex discrimination prohibited under Title IX, including by restoring and strengthening full protection from sexual violence and other sex-based harassment. The rule clarifies the steps a school must take to protect students, employees, and applicants from discrimination based on pregnancy or related conditions. And the rule protects against discrimination based on sex stereotypes, sexual orientation, gender identity, and sex characteristics.
- Promote accountability and fairness. The final rule promotes accountability by requiring schools to take prompt and effective action to end any sex discrimination in their education programs or activities, prevent its recurrence, and remedy its effects. The final rule requires schools to respond promptly to all complaints of sex discrimination with a fair, transparent, and reliable process that includes trained, unbiased decisionmakers to evaluate all relevant and not otherwise impermissible evidence.
- Empower and support students and families. The final rule protects against retaliation for students, employees, and others who exercise their Title IX rights. The rule requires schools to communicate their nondiscrimination policies and procedures to all students, employees, and other participants in their education programs so that students and families understand their rights. The rule supports the right of parents and guardians to act on behalf of their elementary school and secondary school children. And the rule protects student privacy by prohibiting schools from making disclosures of personally identifiable information with limited exceptions.
“These final regulations clarify Title IX’s requirement that schools promptly and effectively address all forms of sex discrimination,” said Assistant Secretary for Civil Rights Catherine E. Lhamon. “We look forward to working with schools, students, and families to prevent and eliminate sex discrimination.”
The Department’s rulemaking process is still ongoing for a Title IX regulation related to athletics. The Department proposed amendments to its athletics regulations in April 2023, and received over 150,000 public comments, which by law must be carefully considered.
The unofficial version of the final regulations is available here. In addition, the Department has released a fact sheet, a summary of the major provisions of the final regulations, and a resource for drafting Title IX nondiscrimination policies, notices of nondiscrimination, and grievance procedures.
The final regulations are effective on Aug 1, 2024, and apply to complaints of sex discrimination regarding alleged conduct that occurs on or after that date. The Department is committed to supporting schools in implementing the final regulations and will provide technical assistance and additional resources to schools to support implementation and compliance.
U.S. Department of Education’s Announcement Regarding Upcoming Title IX Regulations
In July 2022, the U.S. Department of Education published its Notice of Proposed Rulemaking (NPRM), laying out a draft set of rules that would amend the current regulations related to Title IX of the Education Amendments of 1972. These rules prescribe how the University provides an educational environment free from sex-based discrimination, including its response to incidents of sex discrimination, harassment, and misconduct.
The draft regulations can be found in the Federal Register. Once the regulations are made final, they would amend the current regulations that took effect in August 2020.
In May 2023, the U.S. Department of Education published a blog post indicating they intend to release the final regulations in October 2023. However, the Department of Education’s Regulatory Agenda has subsequently been revised to show March 2024 as the release date target for the final regulations.
At this time, it is unknown what rules the final regulations will contain and when the deadline for their implementation will be. Any changes to current University policies and procedures resulting from the new regulations will go into effect by the implementation date in the final regulations.
During this period, the University’s commitment to the well-being of our students, faculty, and staff remains unchanged.
Domestic Violence Awareness Month (DVAM), October 2023
October is Domestic Violence Awareness Month. Please click here to learn more about how you can join Cornell in taking a stand against Domestic Violence.
Domestic Violence 24/7 Hotlines:
Advocacy Center of Tompkins County
24/7 Hotline: 607-277-5000; https://www.actompkins.org/#
New York State Domestic Violence Hotline
24/7 Hotline: 1-800-942-6906; TTY 711; Text 844-997-2121; https://opdv.ny.gov/survivors-victims
The National Domestic Violence Hotline
24/7 Hotline: 1-800-799-SAFE (7233); TTY 1-800-787-3224; Text “START” to 88788; https://www.thehotline.org/
Love is Respect Hotline
24/7 Hotline: 1-866-331-9474; TTY 800-787-3224, Text “LOVEIS” to 22522; https://www.loveisrespect.org/
Please note each of these websites has a safe quit option so you can quickly leave the website
Sexual and Related Misconduct Training Program – Release of HR301
OIETIX is responsible for developing the Sexual and Related Misconduct Training Program. During the week of August 28, 2023, HR301, a 15-minute annual refresher for employees who have completed HR300 (Full Course), will be auto-assigned in CULearn under a phased rollout by population (e.g., staff, faculty, and student employees) to help prevent system capacity issues. HR301 must be completed by October 13, 2023.
[Originally posted August 2022]
Welcome from OIETIX!
OIETIX extends a warm welcome to all new and returning students and employees. We hope that the semester is off to a great start!
We would also like to welcome and introduce our newest team members – Cooper Sirwatka, Equal Opportunity Program Director and Catherine Muskin, Deputy Title IX Coordinator/Equity and Title IX Investigator. Cooper joined OIETIX in August 2022 having previously practiced fair housing law and Catherine joined the team in June 2022 having previously practiced education law.
Sexual and Related Misconduct Training Program – Release of HR301
OIETIX is responsible for developing the Sexual and Related Misconduct Training Program. New this year, OIETIX is releasing HR301, a 15-minute annual refresher for employees who have completed HR300 (Full Course). During the week of August 29, 2022, HR301 will be auto-assigned in CULearn under a phased rollout by population (e.g., staff, faculty, and student employees) to help prevent system capacity issues. HR301 must be completed by October 14, 2022.
More information on the Sexual and Related Misconduct Training Program can be found on the Working at Cornell site.
[Originally posted February 7, 2022]
OIETIX’s Office Operations
The Office of Institutional Equity and Title IX is operating in a hybrid work model where we have several staff members in the office each day.
Due to the hybrid work model, we encourage you to make an appointment in advance. We are happy to accommodate in person or remote appointments or training requests. We ask that anyone experiencing symptoms, recently exposed to someone with COVID-19, and/or awaiting test results make a remote appointment.
We continue to work hard to ensure the safety of our community and minimize the risk of COVID-19 exposure within the office. Consistent with the communication that went out to the Cornell community on March 11, 2022 regarding changes to the University’s masking requirements, masks are no longer required in our suite. The choice to continue masking, even when not required, is a personal one, and no one should be made to feel uncomfortable because of their choice.
If you have any questions, contact us at titleix@cornell.edu (for sexual harassment or other sexual misconduct) or equity@cornell.edu (for other protected-status harassment, prohibited discrimination or bias), and/or visit titleix.cornell.edu.
U.S. Department of Education’s Office for Civil Rights Q&A
On July 20, 2021, the U.S. Department of Education’s Office for Civil Rights released “Questions and Answers on the Title IX Regulations on Sexual Harassment.” This document provides information related to the regulations issued in May of 2020 that specify how institutions must respond to allegations of sexual harassment consistent with Title IX’s prohibition against sex discrimination. The Office of Institutional Equity and Title IX is carefully reviewing this information.
[Originally posted October 2021]
October is Domestic Violence Awareness Month. Please click here to learn more about how you can join Cornell in taking a stand against Domestic Violence.
Watch this short clip as Michelle Artibee and Jeremy Stewart open up their Wellbeing@Work Interview Series, asking their two guests, LaDreena Walton and Kristi Taylor, what it means for them to be healthy in the relationship dimension of wellbeing.
Domestic Violence 24/7 Hotlines:
Advocacy Center of Tompkins County
24/7 Hotline: 607-277-5000;
http://www.theadvocacycenter.org/
New York State Domestic Violence Hotline
24/7 Hotline: 1-800-942-6906; TTY 711;
http://www.opdv.ny.gov/help/dvhotlines.html
The National Domestic Violence Hotline
24/7 Hotline: 1-800-799-7233; TTY 1-800-787-3224;
www.thehotline.org
[Originally posted August 2021]
HR300 – Responsibility@Cornell
The new version of HR300 – Responsibility@Cornell was assigned to all Cornell faculty, staff and student employees via CULearn on August 25, 2021. This program meets the New York State annual sexual harassment training requirement for all employees as well as federal requirements for new employees.
This 45-minute online training program has been redeveloped for 2021 by the Office of Institutional Equity and Title IX (OIETIX) through eCornell and features scenario-based monologues from the Cornell Interactive Theatre Ensemble. The course provides important information about our responsibilities to prevent and respond to sexual harassment in the workplace and about consensual relationships between faculty members, staff members, or others in positions of authority and students or postgraduates.
The training must be completed by October 15, 2021. We anticipate that next year a shortened refresher training will be available to employees who complete this course.
Technical Support
- You may need to enable pop-ups to launch the course. Please follow this link if you need assistance.
- Use the following browsers: Chrome, Firefox, or Safari. If you have browser trouble, please contact your local IT support and include the browser information.
- If a Launch button does not appear next to HR300 Responsibility@Cornell under Learning & Certifications section on the “Me” tab in CULearn, submit a help ticket to culearn@cornell.edu.
[Originally posted June 2021]
Celebrate Juneteenth!
Juneteenth, the oldest nationally recognized commemoration of the ending of slavery in the United States, is celebrated on June 19. Beginning last year, Cornell made Juneteenth a holiday for Ithaca and Cornell Tech faculty and staff to read, reflect, and engage in conversations with family, friends, and colleagues. This year, the University will observe Juneteenth on Friday, June 18.
[Originally posted on March 15, 2021]
Statement about the Executive Order on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, including Sexual Orientation or Gender Identity, and Cornell University Policy 6.4 (Interim)
On March 8, 2021, President Biden signed the Executive Order on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, including Sexual Orientation or Gender Identity. The Executive Order directs the Department of Education to review all of its existing regulations, orders, guidance, and policies to ensure consistency with the Biden-Harris Administration’s policy that students be guaranteed education free from sexual violence. It also directs the Department of Education to specifically evaluate the Title IX regulations issued under the previous administration and agency action taken pursuant to those regulations, to determine whether the regulations and agency action are consistent with the policies of the Biden-Harris Administration.
Last year, Cornell revised Policy 6.4 (“Prohibited Bias, Discrimination, Harassment, and Sexual and Related Misconduct”) and its Procedures on an interim basis to comply with the Title IX regulations which took effect August 14, 2020. Following the start of the fall semester, the Office of Institutional Equity and Title IX (OIETIX) convened a stakeholder review group to gather campus community input. The policy executives group considered the input and decided to extend the interim status to monitor developments at the federal level. Because the changes made to Policy 6.4 were required by the Title IX regulations, such as oral cross-examination in hearings, it is necessary and important for the University to consider whether such changes will continue to be required for legal compliance.
Consistent with the recommendations through the stakeholder review, the following updates and corrections, which are non-substantive and unrelated to the Title IX regulations, will be made to Policy 6.4:
- Listing all of the legally protected identities/statuses in the Statement of Policy (e.g., age, color, disability, gender identity, race, sex, etc.) and updating the definition of EEEO-Protected Status accordingly
- Adding the Prohibited Conduct definitions to the Policy (previously, the definitions were included in the Procedures only)
- Including a brief description of the process for responding to bias incidents
- Making updates to contact information
We anticipate that the above items will be reflected in an updated interim version published in the Policy Library this semester. OIETIX will continue to monitor federal developments under the Executive Order and provides updates here for the Cornell community.