As of 5:00 A.M. today, April 19, 2024, the 2024 Title IX Final Rules on sex-based harassment and discrimination were made available. These are the final rules, but the publication is “unofficial.” Official publication in the Federal Register is forthcoming. The separate rulemaking on Title IX and sex-separated athletics is not included in this release.
The implementation date is August 1, 2024. Schools and institutions of higher education have just over 100 days to prepare to comply with these rules, similar to the timeline in 2020, though the magnitude of the changes required will, for most institutions, be far less significant than the 2020 changes.
We are reviewing these final rules on sex discrimination to determine the differences between these rules and the proposed rules issued in summer 2022. We have already identified important modifications that are based on feedback the Department received through comments. We are also reading the preamble to learn about clarifications and explanations offered by the Department of Education.
Recall that there were about 240,000 comments submitted to the Department of Education to consider, and the regulatory process requires the Department to read all the comments and address them in the final rules.
What should you do now?
- Consider sending a message to your community acknowledging the new regulations and sharing your process and timeline to come into compliance.
- Activate your Title IX stakeholder team. Gather representatives who have a link to the Title IX policy and process, as well as prevention and training teams.
- Prepare your timeline for making changes, considering applicable levels of review and approval. For example, does your Board of Trustees have to vote on your revised policy?
- Review and revise for compliance with the new rules: update your policies, procedures, forms, templates, checklists, and your trainings for your campus community.
- Ensure Title IX personnel receive updated training ahead of the implementation date.
We are ready to assist you in training, policy updates, and more. Join us for our live event summary session on Thursday, April 25, and we’ll keep the conversation going in The River Connect and share additional live events. Register for our Rapid Response Summary Session here.
The new regulations are posted here. A summary of the major provisions is here. An additional resource by ED regarding drafting policies, notices of nondiscrimination, and grievance procedures is here.