The Policy Breakdown
We are not lawyers nor experts on Title IX. While all information concerning Title IX on this website has been thoroughly researched, what is stated here should not be taken as legal advice. We highly suggest contacting a lawyer and/or other Title IX resources should you find yourself involved in a Title IX case.
When it comes to understanding the requirements of Title IX, one must keep up to date on the US Department of Education’s (ED) Title IX Guidelines. Due to the nature of Title IX and the other Educational Amendments of 1972, requirements, regulations, and guidelines can be altered by governmental bodies based on the times and needs of institutions - and the wants of the American people. While these guidelines are not law, they lay out how the Department of Education will review and enforce Title IX complaints.
As of today (2019), Betsy DeVos is the current Secretary of Education, placing her at the forefront of Title IX regulations and requirements. In 2017, the Department published a Q&A on Campus Sexual Misconduct to act as the standing guidelines for Title IX - to contribute to the 2001 Revised Sexual Harassment Guidance.
The essence of this document outlines base requirements college-level institutions must follow:
First and foremost, schools must disseminate a notice of nondiscrimination. This means that schools are required to state that sex discrimination is prohibited. That said, these notices are not required to include sexual harassment and violence specifically within these prohibitions - but it also states that any notice that makes said prohibition unclear could be in violation of Title IX. Meaning, enough detail must be included for students to realize that sexual harassment and violence are prohibited, even if it is not directly stated. For these notices to count, they must be widely distributed and easily accessible to students; usually in a handbook or posted online.
Title IX requires all institutions that receive federal funding to have a Title IX Coordinator. The Title IX Coordinator’s role is to coordinate Title IX investigations and disciplinary processes, make sure the school is following Title IX, and troubleshoot any problems with compliance so that the school fulfills all federal regulations. Most importantly, the Coordinator must not have any other job or responsibility that creates a conflict of interest - for example, being a part of a disciplinary board. This person’s contact information - including name, phone number, email, and office address - should be included within the school’s nondiscrimination notice and easily available to students. If your school does not follow these rules, they are in violation of Title IX.
Schools are required to have and publish a grievance procedure that details the complaint, investigation, and disciplinary processes in response to a Title IX violation. On top of publishing said procedure, school security and/or law enforcement must inform victims of their rights.
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This grievance procedure is required to be “prompt and equitable.” This means that a school’s procedure must be a timely response and both parties, the accuser and the accused, must be given the same rights. Some schools may use what are considered “informal” methods of grievance resolution, like mediation, but no student is required to take part in these “informal” processes.
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It is also up to a school to address any hostile educational environments created by sex discrimination, sexual harasment, and sexual violence not only to survivors, but school-wide. This requirement can be met through educational and awareness programming on sex discrimination that covers the remedying of any current situations, acknowledging any affects it may have had, and preventing it from happening again.
Lastly, training school employees on how to handle and respond to Title IX violations is a large requirement outlined by both the Title IX Guidance and Clery Act. Employees that are closely involved with Title IX must have the proper training, while the ED strongly suggests all other employees are trained on how to respond to a Title IX violation report. Schools must be clear with these employees as well as students about who is required to report a Title IX violation and who is considered a “confidential resource.”
Lastly, in order to remedy any hostile educational environments, schools are required to be prompt when receiving a Title IX complaint. While the ED doesn't specifically state what they consider to be “prompt,” upon review, if a school is found to have taken too long to conduct a fair and impartial investigation, then they are in violation of Title IX. If the length of an investigation further impedes a student’s access to a hostile-free educational environment, then that student may have grounds for an OCR complaint. It is also important to note that a police investigation does not take the responsibility out of the school’s hands - the school may delay their own response to accommodate a police investigation, but if they don’t conduct their own procedure in a timely manner, then they are in violation of Title IX.
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Schools are obligated to inform students of all their reporting options, including the choice to file a police report. They must also inform students of the Grievance Procedure, after which a student may choose to use said procedure or simply ask for accommodations. If possible, a school must do what it can to remedy any hostile environment on campus - this can look like changing extracurricular activity schedules or putting a no-contact order in place. Most importantly: the burden of accommodations and/or safety measures may not be placed solely on the survivor, for this may be considered a violation of Title IX.
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