Now that the 2024 Title IX regulations have been released, what does your school need to do to be fully compliant by August 1? Over the next few months, our Franczek Title IX team will provide tips and information on key steps schools should take to be prepared. In this post, we will address training requirements for employees and Title IX officials under the new regulations.
Training for all employees
First, schools should note that the new regulations now require thatallemployees receive Title IX training upon hire, then annually thereafter. Employees must be trained on the following topics:
- The school's obligation to address sex discrimination in its educational programs and activities;
- The scope of conduct that constitutes Title IX sex discrimination, including sex-based harassment;
- The employee's responsibility to provide a student or guardian with the Title IX coordinator's contact and other information upon notice of a student's pregnancy; and
- The employee's responsibility to notify the Title IX coordinator and/or provide the coordinator's contact information upon notice of sexual misconduct, depending on the employee's role and the level of their institution.
Training for Title IX officials
All members of the Title IX team must be trained once they transition into a new Title IX role, and annually thereafter. Note that under the new regulations, K-12 and higher ed institutions can choose to have the same person serve as both investigator and decisionmaker, or different people may be assigned to those roles.
Investigators, decisionmakers, any employee who is responsible for implementing grievance procedures, and any employee who has the authority to modify or terminate supportive measuresmust complete the all-employee trainingandtraining on:
- The school's obligations in responding to allegations of sex discrimination, including but not limited to sexual misconduct;
- The school's grievance procedures pursuant to § 106.45 and (if applicable) § 106.46 (applicable to higher ed only) of the new Title IX regulations;
- How to carry out their roles in an impartial manner, including by avoiding prejudgment, conflicts of interest, and bias; and
- Issues of evidentiary relevance under the Title IX regulations.
Informal resolution facilitatorsmust complete the all-employee trainingandtraining on:
- Rules and practices of the school's informal resolution process; and
- How to carry out their roles in an impartial manner, including by avoiding conflicts of interest, and bias.
Title IX coordinatorsand their designees must be trained onallof the above trainingsandtraining on:
- Responsibilities specific to Title IX coordinators under the new regulations;
- The school's record-keeping system(s) and requirements; and
- Any other training needed to coordinate the school's compliance with Title IX.
While the new regulations do not require role-specific training for confidential employees or advisors, we recommend that they are provided some degree of information and/or training on their specific responsibilities under Title IX.
Finally, schools should note that Title IX training materials are no longer required to be posted on the school's website, but they do need to be made available to the public upon request.
As always, our Franczek Title IX team is ready to support schools with all of their training needs. We are currently in the process of updating our Title IX Toolkit and trainings for the new regulations. We will offer training packages with in-person, live online, and on-demand options, as well as trainings that can be tailored to your school's specific needs. We will also schedule specific training sessions this summer that you will be able to register for soon.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.