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The Office for Civil Rights (OCR) released new Title IX regulations in April 2024 guiding how institutions should prevent and respond to sex-based discrimination. Since its release, 26 states have sued claiming that the new regulations are unconstitutional. Use this comparison chart to navigate the differences and similarities between the regulations.
For states that have been granted a temporary injunction from the 2024 regulations, schools in these states will be expected to continue to comply with the 2020 regulations until further notice.
For states without an injunction, the deadline to be in compliance with the 2024 regulations is August 1, 2024.
It is possible that any of the judges in these suits could implement a nationwide injunction impacting every state. Similarly, if a court lifts an injunction or declines to make one permanent, compliance with the 2024 Regs will be expected the next day. Thus, institutions may need to comply with the 2024 Regs at a moment’s notice.
The purpose of this guide is to help school districts navigate the differences in the 2020 and the 2024 regulations so you can be prepared to properly comply depending on which regulations are in effect.
Differences in Definitions between 2020 and 2024 Regs
DEFINITIONS | 2020 REGULATIONS | 2024 REGULATIONS |
Definition of Harassment | "severe, pervasive, and objectively offensive" Schools must address sexual harassment if it is so “severe” and “pervasive” that it “effectively denies” a person equal access to a school program or activity. §106.30(a). | “based on the totality of the circumstances is subjectively and objectively offensive and is "sufficiently severe or pervasive" Broadened the definition of sexual harassment to include conduct that is severe or pervasive, thus lowering the threshold from "and" to "or," making it easier to meet the definition of harassment. Schools must address sex-based harassment if it is so “severe or pervasive” that it “denies or limits” a person’s ability to participate in a school program or activity. §106.2. |
Sexual Orientation and Gender Identity | 2020 Regulations did not explicitly address this definition. Court decisions have held for years that Title IX prohibits discrimination based on sexual orientation and gender identity. In 2020, the Supreme Court confirmed this is the case under Title VII in Bostock v. Clayton County. | Sex discrimination includes discrimination based on sexual orientation, gender identity, sex characteristics (including intersex traits), and sex stereotypes under Title IX. Schools must address anti-LGBTQI+ harassment. §106.2, §106.10. |
Transgender Inclusion | 2020 Regulations did not explicitly address transgender inclusion. Federal courts have repeatedly held that Title IX prohibits exclusion of transgender students from school facilities. | Schools must allow individuals to participate in classes and activities, use bathrooms and locker rooms, and dress and groom themselves consistent with their gender identity. §106.31(a)(2). |
Pregnancy and Parenting | Schools cannot discriminate against students based on pregnancy or related conditions. Related conditions include childbirth, termination of pregnancy, and recovery from any of these conditions. §106.40(b)(1). | Schools cannot discriminate against students based on past, current, or potential pregnancy or related conditions. Related conditions include childbirth, termination of pregnancy, lactation, and medical conditions or recovery related to any of these conditions. Schools must address pregnancy or related harassment. § 106.2, §106.10. |
Differences in Jurisdiction between 2020 and 2024 Regs
JURISDICTION | 2020 REGULATIONS | 2024 REGULATIONS |
|---|---|---|
Off Campus Harassment | Schools must address sexual harassment that occurs off-campus and inside the U.S. if it occurs:
| Schools must address an incident of sex-based harassment (or other sex discrimination) that occurs off-campus and inside the U.S. if it occurs:
Regardless of where an underlying incident occurs (e.g., off campus, outside the U.S.), schools must address any resulting hostile environment that arises:
|
Complainant Status | Schools must address a complaint of sexual harassment only if the complainant was participating or trying to participate in school at the time of filing the complaint. §106.30(a)./ | Schools must address a complaint of sex-based harassment (or other sex discrimination) if the complainant was participating or trying to participate in school at the time of the incident. §106.2. |
Differences in PROCEDURES between 2020 and 2024 Regs
PROCEDURES | 2020 REGULATIONS | 2024 REGULATIONS |
|---|---|---|
Complaint | Required a written formal complaint to be filed by the complainant or signed by the Title IX Coordinator to initiate the grievance process. §106.45. | Expanded the circumstances under which a complaint can be filed, allowing for more flexibility. Now a “complaint” may be filed orally or in writing instead of “formal complaint.” §106.45(c). |
Supportive Measures | Schools must offer supportive measures to all people who report sexual harassment, even if there is no investigation. §106.44(a). | Schools must offer supportive measures to all people who report sex-based harassment (or other sex discrimination), even if there is no investigation and even if the complaint is dismissed. Parties may seek modification or reversal of supportive measures.§106.44(g)(2). |
Determination of Findings | A Decision Maker MAY NOT be the same person as the Title IX Coordinator or Investigator. §106.45(b)(7)(i). | A Decision Maker MAY BE the same person as the Title IX Coordinator or Investigator. §106.45(b)(2). |
Training Materials | Training materials must be publicly posted.§ 106.8(c). | Training materials are no longer required to be publicly posted but must be available for review if requested. §106.8(f). |
Notice of Interviews | Must send advance written notice of any investigative interviews meetings or hearings providing a party with written notice of the date, time, location, participants, and purpose of all investigative interviews with a party with sufficient time for the party to prepare to participate. §106.44(a), §106.45(b)(1)(i). | Advance notice of interviews no longer required. |
Share Evidence | Schools must send the parties and their advisors evidence directly related to the allegations in electronic format or hard copy, with at least 10 days for the parties to inspect, review, and respond to the evidence. §106.45(b)(5)(vi). | Equal opportunity for both parties to review and reasonably respond (10 day requirement has been removed). §106.45(f). |
Share Investigation Report | Schools must send the parties, and their advisors an investigative report that fairly summarizes the relevant evidence, in electronic format or hard copy, with at least 10 days for the parties to respond. §106.45(b)(5)(vii). | Equal opportunity for both parties to review and reasonably respond (10 day requirement has been removed). §106.45(f). |
Appeal | In a sexual harassment investigation, the parties can appeal if there was a procedural irregularity, new evidence, or bias or conflict of interest that affected the outcome. §106.45(b)(8)(i). | In all investigations of sex discrimination: (i) the complainant can appeal a dismissal of their complaint, and (ii) the parties must have the same appeal rights as in all “comparable” proceedings (such as for race and disability discrimination or physical assault). §106.45(i). |
Similarities between the 2020 Regulations and the 2024 Regulations
While there are a number of differences between 2020 and 2024 Title IX regulations, there remain a number of common threads between the two:
Treat the complainant and respondent equitably.
Title IX Coordinator, Investigators, Decision Makers, and Appeals Officers must be trained and not have conflicts of interest or bias.
Supportive measures must be non-punitive and not unreasonably burdensome on the respondent.
Notice occurs when any employee has knowledge of a concern or complaint.
Training must be provided for all staff.
Written notice of the investigation must be provided to both parties.
Schools must presume the respondent is not responsible until the end of an investigation.
Schools must maintain investigation records for 7 years.
Both 2020 and 2024 Title IX regulations share the common goal of preventing sex-based discrimination in educational institutions. Understanding these changes is crucial for school districts to ensure compliance and provide a safe learning environment. This guide aims to help school administrators and staff navigate the key differences and similarities between the 2020 and 2024 Title IX regulations, enabling them to effectively implement the appropriate measures depending on the current regulations in effect in their state.
McGrath Training Solutions can help your school navigate the differences in the 2020 and the 2024 Title IX regulations. The McGrath Response System™ is a system-wide approach for creating a culture of prevention & response while ensuring compliance with your district’s policies, state laws, & federal regulations, including Title VI, VII, & IX.
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Learn more about our training solutions that help schools become safer, more effective learning environments.
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