If you haven’t heard about Title IX before, you should know that it is a federal law that forbids discrimination based on sex and gender. There have been quite a few changes to the jurisdiction of Title IX. For instance, the new regulations have delimited that jurisdiction. There have been changes in the definition of sexual harassment in terms of a code of conduct that is severe, pervasive, or objectively offensive.
What Includes the Definition of Title IX?
If you look at things, you will notice that this is a big difference because before, the definition was somewhat different. Another aspect that is included now is quid pro quo, or this is for that. The four major aspects of Title IX include the following:
- Dating violence
- Sexual assault
- Stalking
- Domestic violence
These factors don’t necessarily have to meet the severe, pervasive, and objectively offensive definition. However, according to the latest updates in Title IX, the educational institutes that receive federal funding now bear a greater responsibility to address any form of sexual misconduct happening on and off campus – if it is creating a hostile learning environment for the survivors.
Educational Institutions and Title IX
Before the changes in the law, lawyers were able to address the code of conduct that happened off campus. Now, under this law, lawyers only address conduct that happens within educational institutions. So, it can happen during class or on campus. It also has to happen against someone in the United States. So, if it happens in a study abroad program or a different country, it doesn’t count under Title IX anymore.
Gender and Sexual Orientation
You should know that Title IX is now very much aligned with Title XII, which is a civil rights law for employment protection. Even before 2020, Title IX and Title XII aligned more, so now you will see a return to that alignment, specifically with the definition of sexual harassment. Title IX has also explicitly stated that an individual’s sexual orientation and gender identity are protected under Title IX as forms of sex-based discrimination.
These aspects also include discrimination based on sexual orientation and gender identity, which are prohibited under employment.
Expansive Reporting Requirements
Now, you can expect expanded requirements under Title IX. Now, the Department of Education has specified very specific roles, such as professional roles, that are now required to report. So, now there is less flexibility there than it once used to be. Essentially, individuals who hold a leadership or administrative role have always been required to report.
Now, the Department of Education is also saying that individuals with teaching and advising responsibilities are required to report.
Reporting Disclosure in Class Discussions and Assignments
So, the one area where reporting has expanded is class discussions and assignments. On that note, if, historically, there is a disclosure that was made in an assignment or class discussion, then that was not required to be reported. However, now, according to the latest changes in Title IX, any disclosure made in an assignment or class discussion is required to be reported.
Protection for Pregnant Students
Another area that has been included under the changes in Title IX and the current regulations is the area of protection for pregnancy and related conditions. These protections are specifically focused on students up to the same level of protection that already exists for pregnant and parenting employees.
In case you are wondering about what aspects include pregnancy or pregnancy-related conditions, these include childbirth, pregnancy termination, lactation, and other related medical conditions.
The state has created a pregnancy-related guide to support pregnant students as well as pregnant staff and faculty. According to the latest regulations, any sort of discrimination against pregnant students, faculty, and staff is prohibited. If discrimination occurs, the affected individuals have the right to get a lawyer on board, such as the Title IX Defense in Los Angeles, if the affected individuals are from Los Angeles or studying or working in an institute in Los Angeles.
Disclosure of Pregnancy
If a student discloses their pregnancy to their teacher or staff working at the educational institute, that employee of the educational department must provide the pregnant student with information about how they are protected under Title IX. The state has also published a pregnancy pamphlet that the staff and faculty working at the educational institute can provide to students when they disclose their pregnancy. What this will do for the students is that they will know about their rights and responsibilities.
The pregnant student can also ask for any accommodations or adjustments. These accommodations and adjustments are then to be documented so that the staff and law can ensure that the students are supported regarding any additional needs that might arise during their pregnancies.
Additional Training Requirements
Another requirement that is relatively new in Title IX is training. In the past, when changes hadn’t taken place, Title IX required that institutions offer annual training. Now, educational institutions are required to complete that training instead of just offering it. This way, the educational institutes are no longer going to be offering an exemption to the training; instead, there will be an alternative training if the one that is offered is too triggering for individuals.
Why Does Title IX Matter for Students?
The major changes in Title IX matter because they offer students protection against sex-based and gender-based harassment. This area includes sexual violence. Since the changes have been made just recently, it has become a pressing point for the administration to educate their students about the recent changes in the law as a way to restore their faith in the Title UX law.
The recent expansions in the law also include protection for pregnant, parenting, and LGBTQIA+ students. It is important to mention that the changes in Title IX are, to a great extent, motivated by politics and the political changes in the USA, which is also the primary cause of the distrust that students developed in Title IX.
In the event of an increase in campus sexual assault cases, there is a greater need than ever before to educate students on the crucial changes that have been made to Title IX so that everyone knows about the potentially serious consequences that students, staff, or anyone else responsible must face if they harass or discriminate based on sex and gender.
