In finalizing new Title IX regulations in April, The U.S. Department of Education federally encoded LGBTQI+ protections for the first time.

This new ruling defines sex discrimination to include not only sexual harassment and definitions under VAWA, but also gender identity and sexual orientation.

With the scope of protections expanding, Title IX professionals must consider how to change their policies and communicate these changes to their communities.

Breaking Down the Ruling

The Biden administration made LGBTQI+ protections part of a broader effort to combat discrimination and “make crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,” according to Education Secretary Miguel Cardona.

Key changes include:

Explicit Protection

The new regulations make it clear that discrimination based on sexual orientation and gender identity is prohibited under Title IX. This includes protection against harassment, exclusion, or denial of benefits based on these grounds. 

Types of discriminatory acts in an educational setting could look like refusing to honor someone’s pronouns, using homophobic slurs, or violence due to someone’s gender identity or sexual orientation. Not allowing students to use the bathroom that corresponds with their gender identity could likely also fall under Title IX.

Clearer Definitions

The regulations provide more precise definitions of what constitutes harassment and discrimination, ensuring that institutions have a clear framework for addressing complaints. This includes a streamlined process for reporting and investigating claims, designed to be more accessible and less intimidating for students.

Communicating Changes to the Community

For Title IX teams, effectively communicating these regulatory changes is crucial to make students aware of their rights and resources available to them. 

Develop Clear and Accessible Materials

Create easy-to-understand guides and FAQs about the new Title IX regulations. These materials should be available in multiple formats, including online resources, printed brochures, and accessible formats for students with disabilities. Use straightforward language and avoid legal jargon to ensure that all students can comprehend the information.

Host Informational Sessions and Workshops

Organize campus-wide informational sessions and workshops to educate students, faculty, and staff about the new regulations. These events should include detailed explanations of the changes, the process for reporting discrimination, and the supportive measures available. 

Create a Visible Support Network

Establish a visible and accessible support network for LGBTQI+ students. This could include designated safe spaces, support groups, and a list of trained staff and faculty allies. Making these resources highly visible and easy to access can help reassure students that their institution is committed to their well-being.

Challenges to LBGTQI+ Protections

More than half of the country’s states, all Republican-lead, are suing the Biden administration, some citing that the ruling threatens free speech. 

Other lawsuits argue that the updated rulings illegally rewrite Title IX, invalidating state laws surrounding restricting transgender students’ access to bathrooms and facilities.

States also prepare to challenge the Department of Education’s rulings on transgender students’ participation in athletics, although these changes are still unreleased.

How We Can Help

For up-to-date information on all Title IX changes and how they affect you and your institution, join us for Title IX Thursdays on the first Thursday of every month.

For more information about our Title IX consulting services, including advising, hearing adjudication, and investigation, contact us at [email protected].