On April 19, 2024, the Biden administration released the final version of revised Title IX regulations, which will take effect on August 1, 2024. Changes include that, as expected, the regulations broaden the range of prohibited conduct to include all forms of sex-based harassment; allow schools to choose whether to hold hearings as part of their grievance processes; and extend Title IX protections to gay, trans, and pregnant students. The regulations explicitly state that sex-based harassment is a form of sex discrimination. Additionally, institutions will be required to address sex-based harassment under their education programs or activities even if the conduct contributing to a hostile environment took place outside of their education programs or activities or outside of the United States.
Of particular interest to investigators, the regulations define “relevant” as the word is used throughout the regulations. The regulations will provide that questions are relevant “when they seek evidence that may aid in showing whether the alleged sex discrimination occurred,” and will further provide that evidence is relevant “when it may aid a decisionmaker in determining whether the alleged sex discrimination occurred.”
For more information, please refer to media coverage: