Updated Title IX regs to change the way colleges respond to sexual harassment allegations

The U.S. Department of Education (DOE) recently published its long-awaited final regulations under Title IX of the Education Amendments Act of 1972, the federal law that protects individuals from discrimination based on sex in education programs and activities. The regulations, which took effect August 14, 2020, significantly change how covered educational institutions must respond to sexual harassment allegations.

Title IX covers recipients of federal financial assistance, including elementary and secondary schools as well as postsecondary institutions and institutions of higher education. Affected schools, colleges, and universities must act quickly to update their procedures and processes so they can comply with the changes.

Pendulum swings back in favor of the accused

Although Title IX's regulations haven't been updated since 1975, the DOE has issued a variety of "guidance documents" over the years expressing its interpretation of covered institutions' obligations under the Act. Although the guidance documents aren't legally binding, the department's recently published regulations carry the full force of the law.