2024 Joint Guidance on Title IX Regulations to Assist Institutions

Welcome to the second iteration of SUNY’s Joint Guidance Project!

The United States Department of Education released its newest set of Final Regulations under Title IX of the Education Amendments Act of 1972 on April 19, 2024. This amendment to the Title IX regulations is the second in approximately four years, following the previous Final Rule released on May 6, 2020. At that time, SUNY commenced its first Joint Guidance initiative to assist institutions with understanding the regulations and their effect.

The time has come, yet again, to renew this project, thanks to the assistance of the organizations below, and the attorneys listed on the right. In the Joint Guidance, we will review each provision, provide analysis (including overlap, harmony, or conflict with the Clery Act as amended by the Violence Against Women Act (VAWA), the interaction with the VAWA Reauthorization of 2022, and various state laws), and provide initial guidance regarding implementation and issues that may arise under these regulations as institutions navigate this revamped process.

The Joint Guidance is a project of many dedicated attorneys who work on campus Title IX-related issues. It is intended to be thoughtful, high-quality, and widely available to institutions large and small, public and private, urban and rural, well-resourced, and budget challenged. Crucially, as with the 2020 Joint Guidance, there will be no charge to access this compilation or any of its components. This Joint Guidance will be continuously updated as additional resources become available. While hosted and coordinated by The State University of New York (SUNY), this is a project of equal partners dedicated to collegially helping colleagues in higher education.

Institutions build trust in the systems used on campuses by taking a steady approach that is mindful of the laws and regulations and seeks to build balanced policies that best serve students and employees in the Title IX area. The ultimate goal of all institutions in the higher education landscape is to ensure that all education programs and activities are free from sex discrimination. To achieve that goal, in compliance with the U.S. Department of Education’s new regulatory language, institutions have a responsibility to be intentional about their policies in this area, and ensure that a strong foundation exists for August 1, 2024 implementation.

The intent of this Joint Guidance is to provide clear, plain-language analysis and compliance guidance, as well as an update on the effective date, litigation and legislation that may postpone effectiveness, and compliance resources that are available for use. There may be several steps before institutions have to implement the changes that come from the regulations, and we urge a thoughtful, campus-specific, approach (prepared in partnership with your campus or outside counsel, and mindful of your state and local laws and regulations) rather than jumping into major changes before full consideration.

We hope this Joint Guidance serves as a useful starting point in understanding the new regulatory changes, and look forward to continuing to provide ongoing guidance as the Title IX regulatory landscape develops.

A Note on the U.S. Supreme Court Decision Loper Bright Enterprises v. Raimondo and its potential effects on Title IX