Analyzing the updated Title IX regulations

Colleges and universities continue to have a responsibility under Title IX of the Education Amendments of 1972 to protect students’ rights to equal education in an environment free from sexual misconduct and harassment, and must ensure that existing Title IX processes comply with regulations issued by the Department of Education (ED).

On May 6, 2020, the ED released its final Title IX regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance” (Final Regulations), effective Aug. 14, 2020. The Final Regulations apply to all higher education institutions receiving federal financial assistance, regardless of size, including both public and private colleges and universities.

Prior to Aug. 14, 2020, institutions should consider:

• Familiarizing themselves with the Final Regulations to gain an understanding of how the new regulations will affect Title IX at the institution, including addressing the need for organizational and staffing adjustments and technology investments
• Revising Title IX policies and grievance procedures to comply with the Final Regulations
• Proactively reviewing their Title IX website and resources available to complainants and respondents for compliance

Proactive institutions continue to evaluate their existing policies and procedures relative to the latest guidance and regulations to identify opportunities for improving compliance and streamlining processes. Baker Tilly collaborates with institutions to evaluate the current state of Title IX policies, processes and internal controls and identify opportunities to achieve compliance with Title IX regulations and improve processes for Title IX administration.

The below whitepaper provides the key considerations addressed in the Final Regulations, including a comparison of the Final Regulations to the to the proposed Title IX guidance issued by the ED on Nov. 29, 2018 (2018 Proposed Guidance), and key actions institutions must take by Aug. 14, 2020.

For more information on this topic, or to learn how Baker Tilly higher education specialists can help, contact our team.