Title IX NPRM 2022 Joint Resources Portfolio

Title IX NPRM 2022 Joint Resources Portfolio

Title IX of the Education Amendments of 1972

2022 Notice of Proposed Rulemaking

On June 23, 2022, the fiftieth anniversary of the enactment of Title IX, the U.S. Department of Education (ED) released the unofficial text version of the new Notice of Proposed Rulemaking (NPRM) for the Title IX Regulations. The official text of the 2022 Title IX Regulations were published on July 12, 2022. The ED allows for a comment period on the new regulations that lasts 60 days—until September 12, 2022. The Department proposed these new regulations in an effort to better align the regulations with Title IX’s nondiscrimination mandate and to guarantee an educational environment free from sex-based discrimination. The new regulations also clarify the scope and application of Title IX and the obligations of postsecondary institutions acting in compliance with Title IX. Key resources and analysis related to the 2022 proposed changes to the 2020 Title IX Final Rule are highlighted below.

SUNY Title IX NPRM Joint Resources Portfolio

2020 Final Rule Text for Text Comparison to 2022 Title IX Proposed Rule v.1

Introduction to the 2022 Title IX Proposed Rule Joint Resources Portfolio

Section by Section Analysis

  1. § 106.2 - Sex-Based Harassment Defined
  2. §§ 106.2, 106.8(d), 106.44(a)–(e) - Complainant Autonomy (See ARTICLE for further guidance)
  3. §§ 106.8(d), 106.44(c); 106.44(d) - Training and Notification Requirements  
  4. §§ 106.2, 106.21(c), 106.40, 106.57 - Discrimination Based on Pregnancy or Related Conditions
  5. §§ 106.2, 106.45, 106.46 - Relevance (Evidentiary)
  6. §§ 106.2, 106.71 - Retaliation
  7. § 106.10, 106.31(a)(2), 106.41(b)(2) - Sex Discrimination Prohibition, Including Based on Sexual Orientation, Gender Identity, and Sex Characteristics
  8. § 106.11 - Hostile Environment Due to Off-Campus Conduct that Creates or Contributes to a Hostile Environment in a Recipient’s Education Program or Activity  
  9. § 106.44(a) - Sex Discrimination Response (General)
  10. § 106.44(c) - Sex Discrimination Response - Recipient (Institution) Employee Notification Requirements
  11. § 106.44(f)(3) - Supportive Measures
  12. § 106.44(f)-(g) - Sex Discrimination Response - Title IX Coordinator
  13. § 106.44(k) - Informal Resolutions
  14. § 106.45 - Grievance Procedures - All Sex Discrimination Complaints under Title IX
  15. § 106.46 - Grievance Procedures - Additional Requirements for Sex-Based Harassment Complaints Involving a Postsecondary Student  

Title IX of the Education Amendments of 1972 - 2022 Notice of Proposed Rulemaking
The 2022 Title IX NPRM Joint Resources Portfolio is prepared as a service by in house and firm attorneys but does not represent legal advice. The Resources Portfolio is for educational purposes only and no attorney/client relationship is formed with any contributor or their organization. Legal advice for specific situations may depend upon state law and federal and state case law and readers are advised to seek the advice of their own appropriate counsel. The Joint Resources Portfolio is available absolutely free pursuant to a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International license (meaning that all educational institutions are free to use, customize, adapt, and re-share the content, with proper attribution, for non-commercial purposes, but the content may not be sold)

For specific questions, please email Project Coordinator Kelly Hendricken.