Title IX Regulations Regarding Sex-based Discrimination

Title IX states simply: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” Regulations first promulgated after the passage of the law addressed the prohibition of sex discrimination in hiring, admissions, and athletics, among other things. Although the rules did not address sexual harassment as a form of sex-based discrimination, court decisions and guidance documents from the U.S. Department of Education held that sexual harassment was also covered under the law. On August 14, 2020, new regulations implementing Title IX went into effect, defining sexual harassment and setting forth requirements for preventing and responding to sexual harassment. The regulations diverged significantly from previous guidance on the topic, necessitating a response from higher education institutions, districts and schools.

On April 19, 2024, the Department of Education released new Title IX regulations. The regulations go into effect on Aug 1, 2024, and apply to reports of sex discrimination that occur on or after that date. (The 2020 regulations apply to reports of sex discrimination that occur on or before August 1, 2024.) CSI schools should work with their legal counsel to understand the Title IX regulations, ensure school policies and procedures are compliant, and train staff.

Contact

CSI Contact: Stephanie Aragon, CSI Director of School Policy & Compliance

legalandpolicy_csi@csi.state.co.us

 

CDE Contact: Rebekah Ottenbreit, Title IX State Coordinator

Ottenbreit_R@cde.state.co.us

At minimum, schools should:

  • Maintain a Title IX Policy that is compliant with the 2020 regulations and adopt a Title IX Policy that is compliant with the 2024 regulations.
  • Consider implications on the school’s Notice of Nondiscrimination and Grievance Policy.
  • Ensure all employees receive training on their reporting obligations under Title IX.
  • Designate and train a core Title IX Team. A core Title IX team typically consists of a Title IX Coordinator, Investigator and Decision-maker.
    • Although not recommended, the Coordinator can serve as the Investigator and Decision-maker on the same complaint, assuming the Coordinator delegates duties to other individuals as appropriate (i.e., when there is a conflict of interest or due to the complexity or nature of the case).
    • If offered, the facilitator for the informal resolution process cannot be the same person as the Investigator or the Decisionmaker. Schools should appoint a designated employee within the school, who is not involved in the complaint resolution process, to act as the Informal Resolution Facilitator. Alternatively, the school may opt to engage a qualified third party for this purpose.
    • It is permissible for a school to designate and train a Title IX Coordinator only and have a plan for engaging a qualified third party to fulfill the role of an Investigator and/or Decision-maker if/when the need arises.
    • Consider additional appointments to align with the 2024 regulations (i.e., Supportive Measures Review Administrator and Informal Resolution Facilitator) or have a plan for engaging a qualified third party if/when the need arises.
    • Schools may choose to engage a qualified third party if/when a situation arises for which staff have not received appropriate training or need additional support.

To support schools in this work, CSI has membership access to Association of Title IX Administrators (ATIXA) K-12 resources and trainings. Through this membership, CSI schools can access ATIXA’s sample Title IX Policy and corresponding templates/forms, a professional listserv, recorded modules, discounted trainings and more. CSI schools may also choose to contract with ATIXA for support with Title IX compliance. Contact legalandpolicy_csi@csi.state.co.us if you would like to be added to CSI’s ATIXA member portal.

Additional resources are provided below.

2024 Regulations

CSI Resources

Additional Resources

2020 Regulations

CSI Resources

Additional Resources

Training Opportunities

In addition to the required role-specific trainings for a school’s core Title IX team, the 2024 regulations require annual training for all employees. CSI has provided a recorded all-employee training for use by schools (recording – contact CSI at legalandpolicy_csi@csi.state.co.us for password). Additionally, CSI schools have access to free or discounted trainings from the Association of Title IX Administrators (ATIXA) and the Institutional Compliance Solutions and may choose to complete trainings through other organizations and partners, such as the Colorado League of Charter Schools. Schools may also have access to training via their legal counsel.

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