Update: U.S. Department of Education Final TITLE IX Regulations Effective August 1 Increase Scope Against Sex Discrimination, Key Facts About TITLE IX Training

Part Two: This is part two of a two-part series on the U.S. Department of Education Final Title IX Regulations that went into Effect on August 1, 2024.

What is Title IX training and who needs it?

Title IX training is now required for all employees of educational institutions receiving federal funding, including faculty, staff, and administrators.  Although the Regulations for athletics have not yet been finalized, coaches and athletic staff also need training on the new standards and procedures. By understanding the regulations and responsibilities outlined in Title IX, these stakeholders can effectively contribute to creating a safe and inclusive educational environment and avoid unnecessary litigation.

Faculty and staff play a crucial role in implementing Title IX policies and procedures, while administrators and Title IX coordinators are responsible for overseeing compliance.  Staff and administrators need to recognize the lowered threshold for establishing sex-based discrimination.

Coaches must also be aware of their roles in preventing and addressing instances of gender discrimination and harassment. Students benefit from Title IX training by learning about their rights and the support resources available to them.

What are the key components of Title IX training?

Title IX training equips faculty, staff, and students with the knowledge and skills necessary to recognize, report, and address instances of sex-based misconduct effectively and typically include a comprehensive overview of the law’s requirements, such as defining prohibited behaviors, reporting procedures, investigative processes, and support services available. Training should also cover the rights and responsibilities of all individuals involved, emphasizing the importance of creating a safe and respectful campus environment for everyone. Additionally, regular updates on Title IX regulations and emerging best practices are essential to ensure ongoing compliance and effectiveness of the training program.

Who is responsible for the Title IX training?

Each school is responsible for satisfying Title IX’s training requirements and ensuring that employees and key players in the Title IX process are trained. Title IX outlines certain levels of training for each school employee, depending on their involvement in the Title IX process. For example, employees who are also part of the Title IX investigation or decision-making process must undergo additional training on top of the baseline employee trainings. Title IX Coordinators must receive the highest level of training outlined under the final regulations.

What role are you playing in Title IX trainings? 

We are excited to offer Title IX trainings for schools and districts that will help schools ensure compliance with Title IX’s training requirements. Because there are different tiers of training required for different school employees, we offer a variety of trainings to ensure each stakeholder is aware of their rights and responsibilities under Title IX. Trainings can be done virtually, asynchronously, or in person.

Can you overview the reporting process and guidelines?

A critical component of Title IX training is understanding the reporting process and guidelines so they may be implemented properly. Schools should be familiar with the correct channels for reporting incidents of harassment or discrimination, including who to contact, what information to provide, and the confidentiality protocols in place. Understanding the reporting procedures empowers individuals to take swift and appropriate action, ensuring a prompt response to allegations and the protection of all parties.

Are there other components of Title IX that we should be aware of?

An essential component of Title IX training involves understanding bias, prejudgment, and conflicts of interest. Participants delve into recognizing and addressing biases that may affect decision-making processes and interactions within the educational setting.

How do institutions stay compliant with Title IX regulations?

Educational institutions need to be proactive and aware of their legal responsibilities. Waiting until a complaint surfaces to understand requirements increases liability. Being informed and establishing a climate of respect and compliance is a best practice that saves time and money, keeps the community safe, and allows educators and students to focus on learning.

What can institutions do to prevent litigation surrounding Title IX laws?

Employees need to be trained under Title IX, and trainings  should be updated and provided annually. Schools are also required to appoint a Title IX Coordinator and should take care in appointing individuals who are knowledgeable and well trained about Title IX. Schools should implement and enforce proper reporting mechanisms, investigation and dispute resolution processes, and ensure adequate supportive measures for students.

Does my school still need Title IX training if the regulations are blocked in my state?

The 2024 Final Rule outlining certain requirements for training is currently not in effect for 26 states that are challenging the regulations. For a full list of states where the 2024 regulations are enjoined, please see our Blog Post 1[NM1] . On August 16, 2024, the U.S. Supreme Court upheld temporary injunctions prohibiting the implementation of the Final Regulations in 26 states and any school where a member, or child of a member, of the following groups attends: Moms for Liberty, Young America’s Foundation, or Female Athletes United. In total, the 2024 Final Rule is blocked in schools across 44 states and the District of Columbia. However, those states are still required to abide by Title IX and prior versions of the implementing regulations, which still require training for certain school employees and personnel.

Title IX is still in effect and enforced in all states. The best practice is to remain up to date on Title IX and ensure that you understand what regulations apply to your school or state.

Bruna Pedrini is a director in Fennemore’s Employment and Labor practice group with focus in the areas of anti-discrimination, education,  and accessibility law. She has extensive hands on, high level, experience representing K-12 schools, colleges and universities, sports and concert stadiums and venues, as well as builders, developers, and members of the hospitality industry to comply with federal, state, and local civil rights laws. Bruna represents educational institutions in a broad range of discrimination complaints and compliance reviews, sexual misconduct cases, and in policy development and implementation. Bruna served as Chief Counsel of the Civil Rights and Conflict Resolution Section for the Arizona Attorney General’s Office and was a Visiting Professor at the Sandra Day College of Law.

Mallory Nordberg is an associate in Fennemore’s  Business Litigation practice group who works out of our Denver office. Her practice focuses on a broad spectrum of litigation matters, as well as education law, appellate law, labor and employment, civil procedure, and contract disputes.

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 [NM1]Link to post.