Title IX

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

  1. Title IX Text for Text 2020 and 2024 Regulation Final Comparison
  2. Title IX Text for Text Proposed 2022 to Final 2024 Regulation Comparison
  3. Introduction to Joint Guidance
  4. Pending Litigation Tracker
  5. Effective Date
  6. Section by Section Analysis
    1. 106.1 – Purpose
    2. 106.2 – Definitions
      1. Complainant
      2. Complaint
      3. Confidential Employee
      4. Disciplinary Sanctions
      5. Parental Status
      6. Party
      7. Peer Retaliation
      8. Pregnancy or related conditions
      9. Program or activity and program
      10. Relevant
      11. Remedies
      12. Respondent
      13. Retaliation
      14. Sex-Based Harassment
      15. Student
      16. Student with a disability
      17. Supportive measures
      18. Title IX
    3. 106.6 – Effect of other requirements and preservation of rights
      1. 106.6(b) - Effect of State or local law or other requirements
      2. 106.6(e) - Effect of Section 444 of General Education Provisions Act (GEPA)/Family Educational Rights and Privacy Act (FERPA)
      3. 106.6(g) - Exercise of rights by parents, guardians, or other authorized legal representatives
    4. 106.8 – Designation of coordinator; nondiscrimination policy; grievance procedures; notice of nondiscrimination; training; students with disabilities; and recordkeeping.
      1. Designation of a Title IX Coordinator
      2. Adoption, publication, and implementation of nondiscrimination policy and grievance procedures
      3. Notice of nondiscrimination
      4. Training
      5. Students with Disabilities
      6. Recordkeeping
    5. 106.10 – Scope
    6. 106.11 – Application
    7. 106.15 – Admissions
    8. 106.21 – Admissions
      1. Status generally
      2. Parental, family, or marital status
      3. Pregnancy or related conditions
    9. 106.31 – Education programs or activities
    10. 106.40 – Parental, family, or marital status; pregnancy or related conditions
      1. Status generally
      2. Pregnancy or related conditions
    11. 106.44 – Recipient’s response to sex discrimination
      1. General
      2. Barriers to reporting
      3. Notification requirements
      4. Confidential employee requirements
      5. Public awareness events
      6. Title IX Coordinator requirements
      7. Supportive measures
      8. Emergency removal
      9. Administrative leave
      10. Prohibited disclosures of personally identifiable information
      11. Discretion to offer informal resolution in some circumstances
    12. 106.45 – Grievance procedures for the prompt and equitable resolution of complaints of sex discrimination
      1. (a)(1) – General
      2. (a)(2) – Complaint
      3. (b) Basic Requirements for Grievance Procedures
      4. (c) – Notice of allegations
      5. (d) – Dismissal of a complaint
      6. (e) – Consolidation of complaints
      7. (f) – Complaint investigation
      8. (g) – Questioning parties and witnesses to aid in evaluating allegations and assessing credibility
      9. (h) – Determination whether sex discrimination occurred
      10. (i) – Appeals
      11. (j) – Additional Provisions
      12. (k) – Informal resolution
      13. (l) – Provisions limited to sex-based harassment complaints
    13. 106.46 – Grievance procedures for the prompt and equitable resolution of complaints of sex-based harassment involving student complainants or student respondents at postsecondary institutions
      1. (a) – General
      2. (b) – Student employees
      3. (c) – Written notice of allegations
      4. (d) – Dismissal of a complaint
      5. (e) – Complaint investigation
      6. (f) – Questioning parties and witnesses to aid in evaluating allegations and assessing credibility
      7. (g) – Live hearing procedures
      8. (h) – Written determination whether sex-based harassment occurred
      9. (i) – Appeals
      10. (j) – Informal resolution
    14. 106.47 – Assistant secretary review of sex-based harassment complaints
    15. 106.48 – Employment
    16. 106.57 – Parental, family, or marital status; pregnancy or related conditions
      1. Status generally
      2. Pregnancy or related conditions
      3. Comparable treatment to other temporary medical conditions
      4. Voluntary leaves of absence
      5. Lactation time and space
    17. 106.60 – Pre-employment inquiries
      1. Marital status
      2. Sex
    18. 106.71 – Retaliation
    19. 106.81 - Procedures
  7. Discussion of Response to NPRM Directed Questions
    1. Question 1: Interaction with FERPA
    2. Question 2: Recipient’s Obligation To Provide an Educational Environment Free From Sex Discrimination (Proposed 106.44-106.46)
    3. Question 3: Single Investigator (Proposed 106.45(b)(2))
    4. Question 4: Standard of Proof (Proposed 106.45(h)(1))
  8. New York Education Law Article 129-B – Interactions and Analysis
  9. Additional Analysis
    1. Employees
    2. Clery Act and VAWA – Interactions and Analysis
    3. Academic Medical Centers

Thank you to our joint guidance partners - a collage of logos of all partners.

More Title IX Guidance Resources