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@state.co.us
CDE Contact: Rebekah Ottenbreit, Title IX State Coordinator
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 Title IX Coordinator can serve as the Investigator on the same complaint.
- A Decision-maker cannot serve as a Coordinator or Investigator on the same complaint.
- It is permissible for a school to designate and train a Title IX Coordinator only and have a plan for hiring 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 hiring out if/when the need arises.
- Schools may choose to outsource Title IX work 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
- Sample Title IX Sexual Harassment Policy (forthcoming)
- Sample Grievance Policy (forthcoming)
- Sample Notice of Nondiscrimination (forthcoming)
Additional Resources
- Final Title IX Regulations Press Release (U.S. Department of Education)
- FACT SHEET: 2024 Title IX Final Rule Overview (U.S. Department of Education)
- Brief Overview of Key Provisions of the 2024 Title IX Final Rule (U.S. Department of Education)
- Sex-Based Harassment (Colorado Department of Education)
2020 Regulations
CSI Resources
- Title IX Training for CSI Schools [pptx]
- Sample Title IX Sexual Harassment Policy [docx]
- Ethical Obligations for Transgender and Gender Queer Students [docx]
Additional Resources
- Title IX Regulations Addressing Sexual Harassment – Final Rule (U.S. Department of Education)
- Summary of Major Provisions of the Department of Education’s Title IX Final Rule (U.S. Department of Education Office for Civil Rights)
- Questions and Answers on the Title IX Regulations on Sexual Harassment (U.S. Department of Education Office for Civil Rights)
- Sex-Based Harassment (Colorado Department of Education)
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 schools have access to free or discounted trainings from the Association of Title IX Administrators (ATIXA), and may choose to complete trainings through other organizations and partners, such as the Institutional Compliance Solutions and Colorado League of Charter Schools. Schools may also have access to training via their legal counsel.