Amended Title IX Regulations

The Department of Education published amended Title IX regulations. The agency summarized the key changes in the regulations as including: 

• Define “sex-based harassment” * * *
• Provide and clarify definitions of various terms related to a recipient’s obligations to address sex discrimination, including sex-based harassment;
• Clarify a recipient’s required response to sex discrimination . . . in its education program or activity;
• Strengthen a recipient’s obligations to provide prompt and equitable grievance procedures and to take other necessary steps when it receives a complaint * * *; and
• Provide for additional requirements in grievance procedures at postsecondary institutions.
• With regard to discrimination against individuals who are pregnant or parenting, the final
  regulations:
  • Define the terms “pregnancy or related conditions” and “parental status”;
  • Clarify the prohibition on discrimination against students and applicants for admission and employees or applicants for employment on the basis of current, potential, or past pregnancy or related conditions; and
  • Clarify a recipient’s obligations to students and employees who are pregnant or experiencing pregnancy-related conditions.* *
• Clarify and streamline administrative requirements with respect to designating a Title IX Coordinator, disseminating a nondiscrimination notice, adopting grievance procedures, and maintaining records;
• Specify that a recipient must train a range of relevant persons on the recipient’s obligations under Title IX;
• Clarify that, except as permitted by certain provisions of Title IX or the regulations, a recipient must not carry out any otherwise permissible different treatment or separation on the basis of sex in a way that would cause more than de minimis harm, including by adopting a policy or engaging in a practice that prevents a person from participating in an education program or activity consistent with their gender identity; and
• Clarify a recipient’s obligation to address retaliation.

The 19th News reported on LGBTQ+ advocates' call for President Biden to do more to protect transgender athletes. 

A coalition of equal rights supporters representing over 20 groups —  including LGBTQ+ advocacy groups the Human Rights Campaign, GLSEN and the Trevor Project — issued a joint statement on Friday arguing that the new regulations do too little to protect transgender athletes.

 

“This regulation does not go far enough in making the law’s protections clear for all student athletes,” the statement said. “Currently, 37 percent of transgender, nonbinary, and intersex youth live in states with laws that ban them from participating in sports consistent with their gender identity. As with all students, Title IX protects transgender, nonbinary and intersex student athletes from discriminatory policies, as the Biden administration has already argued in court and a federal appeals court upheld just this week.” 

 

The coalition called on the Biden administration to “finish the job” by leaving no doubt in the regulations that transgender, nonbinary and intersex student-athletes have protections under Title IX.