info on 2024 rule

for detailed information on how to take action at your school, see know your ix’s campus organizing toolkit. for any assistance in navigating this toolkit or if you need additional help, please reach out to us at knowyourix@advocatesforyouth.org

some of our partners have created amazing resources to help explain the new title ix rule:

• biden’s new title ix rule from the national women’s law center – on this page you will find a short fact sheet and chart, a blog, and a more detailed explainer
• safe schools for all landing page from the safe schools for all coalition – on this page you will find information about your rights, what you can do, how to file a complaint, where to find help, and additional resources from coalition partners

additionally, the department of education has published the following resources:

• fact sheet: u.s. department of education’s 2024 title ix final rule overview
• brief overview of key provisions of the department of education’s 2024 title ix final rule
• resources for drafting nondiscrimination policies, notices of nondiscrimination, and grievance procedures under 2024 amendments to the u.s. department of education’s title ix regulations

 

info on 2020 rule

in august 2020, the trump administration released changes to title ix that detrimentally impacted student survivors. prior to this administration, title ix – a federal civil rights law – required schools to take quick and substantive action to respond to and limit the impact of sexual violence on students. schools that did not do so risked losing federal funding. that’s because sexual violence can limit a student’s access to education and, in turn, create inequality by pushing survivors out of school. for example, a survivor whose grades dramatically drop following their rape – as has happened to many – might not have the same access to a top law school or medical school as their peers that didn’t experience violence.

 

but after the trump administration took office, they moved to alter title ix and present it narrowly as a federally mandated adjudication process – and one that heavily favors schools and abusers. by only requiring schools to do the bare minimum in response to gender violence, their changes to title ix have pushed survivors out of school and allowed schools to get away with sweeping sexual violence under the rug. in fact, in know your ix’s the cost of reporting, we found that nearly 40% of survivors who reported their assault experienced substantial disruptions to their education that forced them to take a leave of absence, transfer schools, or drop out entirely. beyond the impact on one’s education, sexual violence and harassment can cause significant mental and physical health problems, which can be magnified when schools fail to adequately address it. our study found that more than 40% of survivors reported suffering from post-traumatic stress disorder, and nearly a fifth of survivors disclosed struggles with disordered eating.

 

the good news is that student activists can, and have, organized against our schools to increase survivor support and create safer schools. while it shouldn’t be our job, we know that survivor organizing has the power to change our school communities for the better. while your school may be somewhat limited by the directive to follow the 2020 rule, there are many changes your school can make to still meet the needs of survivors. schools can and should go above and beyond what title ix legally requires in order to implement policies that actually protect students and mitigate the harms that can come with reporting. that’s why our publication, the cost of reporting, provides thorough recommendations to address the challenges highlighted.

 

policy red flags under the 2020 title ix rule

your school, like many others, will probably claim the regulation is stopping them from meeting your demand. they are hoping students may be confused with policy changes or complex language. they aren’t wrong – the regulation is confusing, long, and contradictory. that’s why we’ve broken down some major red flags to look out for, and why they’re harmful.

 

1. 1. school does not use the preponderance of the evidence standard. the preponderance of the evidence standard is the only standard that holds the educations of both the complainant and the respondent equally. utilizing a clear and convincing standard tips the scale in favor of perpetrators.

• no required response or process for addressing off-campus violence, violence that happens during study abroad programs, or harassment that isn’t severe, pervasive, and objectively offensive. the 2020 rule significantly limited what violence is covered under title ix. with the new rule in effect, schools will be forced to dismiss the majority of allegations of sexual violence or harassment, even though all violence and harassment can impact one’s ability to access their education. still, schools can create separate sexual violence misconduct policies not under title ix to intervene in instances of violence and harassment that don’t meet the heightened standard or that occur off-campus or abroad.

• no or unclear timeline. the 2020 rule removed any specific timeline for completing investigations. while the rule says responses must be reasonably prompt, without clarity on what is considered prompt, it’s now easier than ever for schools to drag out cases with impunity until the involved students graduate or drop out.

• does not grant interim measures and accommodations to survivors whose reports don’t fall within the title ix rule. the 2020 rule says that schools are only required to offer interim measures to those whose cases fall under title ix. interim measures that help keep a survivor in school, such as no-contact orders, extensions on school assignments, and classroom or dorm changes should be offered to all student survivors, regardless of whether the violence or harassment faced is covered under title ix.

• not providing attorneys for cross-examination. the 2020 rule requires live, direct cross-examination by the advisor of each party’s choosing. many respondents will choose to utilize attorneys, putting survivors at a disadvantage if they choose to use a confidential victim advocate as their advisor. schools should provide an attorney advisor at no cost to those who request it.

• no or limited amnesty policy for conduct code violations that occurred during violence. survivors can be deterred from reporting if they fear getting in trouble for breaking school rules; for example, if a student was drinking or using drugs in their dorm when the violence occurred. this is particularly relevant at religious schools where students can be punished for having sex before marriage. schools should implement amnesty policies to ensure students are protected from disciplinary action when reporting violence.

• no confidential services for student survivors. in light of covid-19, budget cuts, and changes made to title ix, some schools have cut confidential victim advocates and other confidential services for survivors. these services, though, are absolutely critical. instead of reducing these programs, schools should ensure respondents also have access to someone that can assist them in navigating the title ix process.

• no clear process for addressing violence within a remote learning context. the 2020 rule is vague about school’s responsibilities to respond to cyber harassment and violence, which is especially detrimental now that classes are more often being moved online. schools should make it clear that sexual harassment that occurs online will be covered by the school’s sexual misconduct policy.

 

next, consider what your school does in reality and how you’ll hold your administrators accountable. it’s not uncommon for schools to say one thing in policy but do another in action. can you count on your school to do what their policies say?

as the legal battles between the 2020 and 2024 title ix rules continue, student organizing is absolutely critical for holding your school accountable. student power can have a huge impact. consider going to the press to bring awareness to your school’s shortcomings, get donors and alums to commit to not donating until the school implements better policies, and utilize social 世界杯2022亚洲预选赛b组 to blast your school and make others aware of what’s going on.

finally, if your school has implemented problematic policies or policies that fall short, it’s not too late to make a change. you can still use our campus organizing toolkit and petition to demand your school implement policies that do more to protect student survivors.

supportive measures

sex-based harassment can seriously affect students’ education. it can be hard to learn in school if your professor or classmates are sexually harassing you, if you have to be in the same spaces as your rapist or abusive partner, and/or if trauma from sexual violence is impacting your mental or physical health. that’s why title ix – a federal civil rights law – requires schools to provide “supportive measures” that protect your ability to feel safe and learn in school if you have experienced sex-based harassment. for example, title ix may require your school to give you extensions on assignments, a no-contact order, free counseling, a free campus escort, or a change in your class schedule or dorm.

 

please note: whether your school is subject to the 2020 (trump/devos) or 2024 (biden/cardona) title ix rule, it is still required to help student survivors!

 

below, you’ll find two guides that know your ix created in collaboration with the national women’s law center. we want to highlight two important points for student survivors:

• you do not have to go through the complaint process to get supportive measures from your school – you are entitled to them. you must tell your school that you have faced sex-based harassment, but you do not need to file a formal complaint or agree to an investigation – a confidential report is enough to receive supportive measures.
• when requesting supportive measures, think about your needs and dream big. your school is required to give you “reasonably available” supportive measures at no cost to you. while your school might not be able to give you every single supportive measure you ask for, it must protect your ability to feel safe and learn at school.

 

check out these faqs for more detailed information:

• faq on supportive measures for k-12 students
• faq on supportive measures for higher education students

 

lgbtqi+ students

note: this section uses the acronym lgbtqi+ to include students who are lesbian, gay, bisexual, transgender, queer, questioning, asexual, intersex, nonbinary, or identify their sexual orientation or gender identity in other ways. we often use this acronym because it appears in the official title ix policy documents from the department of education’s office for civil rights.

 

for the first time, the 2024 title ix rule explicitly defines sex discrimination to include discrimination based on sexual orientation, gender identity, sex characteristics (including intersex traits), and sex stereotypes. this affirms what the courts have already said for decades: that sex discrimination includes anti-lgbtqi+ discrimination. schools cannot prevent a person from participating in a school program or activity consistent with their gender identity. this affirms that every student has the right to be who they are at school, including using school facilities, dressing, being addressed by staff and students, and otherwise participating in schools in a manner consistent with their gender identity.

 

the title ix updates clarify that schools should not exclude students from sex-separated programs or activities that are consistent with their gender identity. this provision will impact transgender and nonbinary students’ access to facilities such as bathrooms and locker rooms, overnight accommodations, sex education and physical education classes, and school sports. even while the u.s. department of education is still considering further rulemaking on title ix as it applies to athletics, title ix’s nondiscrimination mandate – which is now inclusive of gender identity – should be robustly enforced to stop discriminatory policies from excluding lgbtqi+ students from any part of the school experience. (source: glsen) still, some states and even individual schools have filed lawsuits in response to the 2024 rule, specifically taking issue with the term “gender identity.” know your ix believes that the 2024 title ix rule, while an important milestone in the fight for comprehensive title ix protections, fails to safeguard transgender students’ access to athletics. equal access to sports for all k-12 and college students is central to title ix’s purpose: protecting all students from gender discrimination.

 

lgbtqi+ people face unacceptably high rates of discrimination, harassment, and violence in schools and beyond. research indicates that nearly half of all transgender people and bisexual women experience sexual violence during their lifetime. under title ix, lgbtqi+ students have the same rights as their peers to accommodations, a prompt and equitable complaint process, and freedom from retaliation. schools’ obligations to appropriately respond to sexual violence and support a survivor’s continued access to education are the same regardless of the sexual orientation, gender identity, and gender presentation of a complainant or respondent. this remains true when incidents of sexual violence may be partly based on a survivor’s (actual or perceived) sexual orientation or gender identity. schools must investigate and remedy instances of sexual violence against lgbtqi+ students using the same policies and procedures used in all complaints of sexual violence.

 

in addition to protecting all student survivors, title ix provides important protections to lgbtqi+ students who face widespread bullying and harassment that can impede their access to education. harassment can force lgbtqi+ students to avoid classes or extracurriculars, stay home from school, or even leave school entirely.

 

check out these links for additional information and resources:

• biden’s new title ix rule from the national women’s law center
• new title ix rules protect our trans students from advocates for trans equality
• updates clarify lgbtqi+ protections in title ix from glsen
• fact sheet: pregnant & parenting students’ rights under new title ix regulations from a better balance
• trans youth handbook from nclr and harvard law school lgbtq+ advocacy clinic
• lgbtq+ students rights from glsen
• know your rights at school from glad
• schools in transition: a guide for supporting transgender students in k-12 schools from nclr
• confronting anti-lgbtqi+ harassment in schools: a resource for students and families from the u.s. department of justice’s civil rights division and the u.s. department of education’s office for civil rights
• resources for lgbtqi+ students from the u.s. department of education’s office for civil rights

 

k-12 information

while we often think of title ix in a college context, it applies to k-12 students as well. title ix prohibits sex discrimination in educational institutions that receive federal funding (the vast majority of schools.) while title ix is a very short statute, supreme court decisions and guidance from the u.s. department of education have given it a broad scope covering sexual harassment, sexual violence, sexual orientation, and gender identity. under title ix, schools are legally required to respond to and remedy hostile educational environments. failure to do so is a violation that means a school could risk losing its federal funding.

 

most of the information on our site applies to k-12 settings as well as higher education. however, below we have highlighted some points that are unique to k-12 students or schools. please note that we are not lawyers, and the information on this website does not constitute legal advice. we encourage you to contact a lawyer to discuss your complaint or suit.

 

how should my k-12 school talk about sexual violence and title ix?

• according to the department of education’s office of civil rights, schools should provide age-appropriate training to students regarding title ix and sexual violence. at the elementary and secondary school level, schools should consider whether sexual violence training should also be offered to parents, particularly training on the school’s process for handling complaints of sexual violence. training may be provided separately or as part of the school’s broader training on sex discrimination and sexual harassment.
• however, sexual violence is a unique issue that should not be assumed to be covered adequately in other educational programming or training provided to students. the school may want to include this training in its orientation programs for new students; training for student athletes and members of student organizations; and back-to-school nights. a school should consider educational methods that are most likely to help students retain information when designing its training, including repeating the training at regular intervals.
• check out know your ix’s campus organizing toolkit for recommendations on what your school should include in prevention trainings.
• for best practices for talking to k-12 students about sexual violence, see 喀麦隆vs巴西波胆分析 ’s rights, respect, responsibility lesson plans.

 

as a minor, how am i affected by mandatory reporting/mandated reporting?

• • many adults at your school are “mandatory reporters.” this means they must tell the police if they know or think a student younger than 18, or a student who is protected under the individuals with disabilities education act, has faced sexual assault (including child sexual abuse), dating violence, or domestic violence. mandated reporters may also have to disclose certain kinds of abuse to other agencies such as child protective services or a child abuse reporting hotline. to learn more about your state’s child abuse reporting law, check out this resource.
  • generally, individuals designated as mandatory reporters include: teachers, principals, and other school staff; physicians, nurses, and other healthcare professionals; counselors, therapists, and other mental health professionals; law enforcement officers; social workers; child care providers; and sometimes pastoral counselors.

• helpful tip: while the goal of mandatory reporting is to keep you safe, the decision to tell someone what happened (or what’s happening) can be difficult. you should always do what feels safest for you. if you would like to seek help without triggering a report, try speaking in hypotheticals to adults with whom you feel comfortable. for example: “what if i had a friend whose classmate touched her in a way she wasn’t okay with?” “my friend was sexually assaulted by a classmate and is struggling in chemistry. what would they need to do to move classes?” “what should my friend do next?” you can also call a hotline and decline to tell them your age.

• regardless of your age, if you disclose that you were assaulted to a school employee, this employee will likely have to report the information to the school’s title ix coordinator. the title ix coordinator’s job is to ensure that you’re safe and able to learn, and may need to open a school investigation without your consent.

• know your ix believes that mandated reporting is not the same as supportive measures – and recognizes that mandated reporting can negatively impact student survivors by taking away their choice and autonomy. to learn more about the potential harms of mandatory reporting and what you can do, go to www.mandatoryreportingisnotneutral.com. 

 

how will this affect my grades? what if i am applying to college as well?

• here’s the good news: many young survivors go on to apply to and thrive in college. you can do this! but it’s also true that violence and harassment often impact victims’ performance in school. accordingly, schools should provide reasonable accommodations to students in order to ensure they don’t suffer academic penalties for surviving violence – and especially so that these academic consequences don’t follow them throughout their educational careers, into college and graduate school.
• supportive measures will vary depending on the particulars of the situation, but may include: academic support services like tutoring; extensions on papers or exams; opportunity to retake courses without academic or financial penalty; adjustment of poor grades; adjustment of disciplinary actions taken against you; and assistance transferring to another school.
• for more information, see faq on supportive measures for k-12 students.

 

i’m not 18 yet. do the police or my parents need to be involved for me to get supportive measures?

• do the police need to be involved? it’s not true that you or your school needs to file a police report in order for you to get supportive measures under title ix. title ix is a civil rights law, not a criminal law. that means you have a right to supportive measures under title ix, regardless of whether anyone files a police report. note: many adults at your school are “mandatory reporters.” this means they do have to tell the police if you are younger than 18 and report sexual assault, child sexual abuse, dating violence, or domestic violence.

• do i need to tell my parents? many students don’t want their parents or other family to know they experienced sex-based harassment, and title ix doesn’t require your parents to be involved. if your school claims that it can’t give you supportive measures without talking to your parents first, you can tell them this isn’t required under title ix. and if your school claims this is required under a state or local law or a school policy, it should show you where that law or policy is. note: many adults at your school are “mandatory reporters.” this means they have to tell the police if you are younger than 18 and report sexual assault, child sexual abuse, dating violence, or domestic violence. and if the police get involved, they will probably reach out to your parents.

• keep in mind: your school may have to investigate certain types of reports (like sexual abuse by a teacher), even if you ask it not to.

• for more information, see faq on supportive measures for k-12 students.

 

as a minor, what medical resources are available to me?

• state law varies on whether a minor needs parental consent to obtain services such as contraception, the morning after pill, sti testing, abortion, and wellness exams without parental consent. while these state laws change often, we recommend you start by researching your state here.
• you can also find and contact your local planned parenthood health center here.

 

i’m not 18 yet. how does this affect my opportunities for legal action?

• in some states, minors do not have access to orders of protection (also known as “restraining orders” or “injunctions against harassment.”) if you are under 18, your state may require your parental involvement. in most states, you can file a restraining order against someone who is under 18. learn your state’s policy on restraining orders here.
• survivors under the age of 18 will need the assistance of a parent or guardian to file a civil lawsuit for damages against a perpetrator.

 

where can i find other resources and information for young survivors of dating violence and sexual assault?

• safebae
• love is respect
• break the cycle
• that’s not cool