2023 Title IX Notice of Proposed Rulemaking (NPRM) / Final Rule

Joint Guidance & Resources Portfolio

Sex-Related Eligibility Criteria for Male and Female Athletic Teams

Joint Guidance & Resources on Title IX Proposed / Final Regulations to Assist Institutions

The United States Department of Education (“the Department”) released Proposed Regulations under Title IX of the Education Amendments of 1972 (“Title IX”) on April 13, 2023, to establish a standard that governs criteria for a student’s eligibility to participate on an athletic consistent with their gender identity.

To assist institutions with understanding the regulations and their effect, in furtherance of accurate and effective implementation, the team of organizations and attorneys listed below have graciously volunteered their time to research and review Title IX updates from the Department to compile and create resources and guidance.  Special thanks to all of those who have collaborate with SUNY’s Office of General Counsel and the SUNY Student Conduct Institute in this effort.

2023 Title IX Athletics NPRM Joint Guidance Topics Summary

1. § 106.41(b)(2) - Standard for Adoption or Application of sex-related criteria that would limit or deny a student’s eligibility to participate on a team consistent with their gender identity.
    
2. Elements of Proposed Regulation
   1. Eligibility Criteria Considerations
   2. b. Educational Objective/ Substantial Relationship Requirement
   3. Level of Competition Considerations
   4. Nature of the Sport Considerations
   5. Harm Minimization Considerations
       
3. Directed Questions by Department for Further Comment

2023 Title IX Athletics Final Rule Joint Guidance Topics Summary

The Comment Period for the 2023 proposed Title IX regulations concerning sex-related eligibility criteria for male and female athletic teams closed on May 15, 2023. The U.S. Department of Education will publish the final regulations and effective date of the final rule upon review of the comments submitted.  FURTHER UPDATES PENDING AS THEY BECOME AVAILABLE ...

U.S. Department of Education Title IX Athletics NPRM & Final Rule Resources

Federal Register: Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Assistance: Sex-Related Eligibility Criteria for Male and Female Athletic Teams. (April 13, 2023)

FACT SHEET: U.S. Department of Education’s Proposed Change to its Title IX Regulations on Student’s Eligibility for Athletic Teams (April 6, 2023)

U.S. Department of Education, Office of Civil Rights, Requirements Under Title IX of the Education Amendments of 1972

Additional Resources

NCAA Transgender Student-Athlete Participation Policy (Updated April 17, 2023)

Special thanks to all of those who have collaborated with SUNY’s Office of General Counsel and the SUNY Student Conduct Institute in this effort.