Coherent Identifier About this item: 20.500.12592/p996t6

Biden Title IX proposed rule explainer 8.3.22 vF

3 August 2022

Summary

When must schools respond to sex-based change means that schools will be required to respond to harassment? a wider range of sex-based harassment, rather than being encouraged to sweep reports under the rug, and that Under the proposed Title IX rules, schools would be required more harassed students will be able to get help from their to respond to a much wider range of incidents of sexual schools. [...] SUPPORTIVE MEASURES all employees would have to either report it to the Title IX coordinator or explain to the person experiencing Currently, schools are required to provide supportive discrimination how to contact the Title IX coordinator measures to individuals who report sexual harassment themselves.32 The following college employees would have (“complainants”) and whose complaints are not dism. [...] In K-12 schools, the parties have the right to submit written While different in scope from the current rules, the questions for the decision-maker to ask on their behalf, proposed rules also include an exclusionary rule: if a party subject to the same evidentiary restrictions as colleges and or witness at a college and university does not respond universities.75 to a question “related to their cr. [...] trained on a school’s duties under Title IX to address sex discrimination, what conduct constitutes sex discrimination Under the proposed rules, when investigating sex- (including the definition of sex-based harassment), and their based harassment, schools would be required to use duty to report possible sex discrimination to the Title IX the preponderance standard, unless the school uses the coor. [...] Even if off-campus harassment is not shown to contribute to a hostile environment and, as such, a school dismisses a complaint of it, the Title IX coordinator would still be encouraged under the proposed rules to offer the complainant supportive measures to preserve their access to the school’s education program or activity.

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