Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance

The U.S. Department of Education's Final Rule for the “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance” makes changes to the NPRM and these changes have adjusted the proposed burden for affected entities complying with the final regulations. The final regulations remove Section 106.44(b)(3) as proposed in the NPRM, which provided recipients a safe harbor with respect to supportive measures. Section 106.45(b)(2) Notice of Allegations requires all recipients, upon receipt of a formal complaint, to provide written notice to the complainant and the respondent, informing the parties of the recipient’s grievance process and providing sufficient details of the sexual harassment allegations being investigated. Section 106.45(b)(9) Informal resolution requires that recipients who wish to provide parties with the option of informal resolution of formal complaints, may offer this option to the parties with certain provisions as well as voluntary participation in an informal resolution as a method of resolving the allegations raised in formal complaints without completing the investigation and adjudication. Additionally, recipients may not offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student. Section 106.45(b)(10) requires recipients to maintain certain documentation regarding their Title IX activities. Recipients would be required to maintain certain records for a period of seven years.

The latest form for Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance expires 2023-12-31 and can be found here.

Language for Regulations for Title IX (IHEs and Others)

Federal Enterprise Architecture: Education - Elementary, Secondary, and Vocational Education