Policy

Title IX Resources

 

If you believe your school, college, or university has violated Title IX, learn more about how to file a complaint with the Department’s Office for Civil Rights. Technical assistance inquiries, including questions regarding compliance with the new Title IX Rule, may be submitted to: OPEN@ed.gov.

Fact Sheet: Final Title IX Regulation

The Trump Administration is taking historic action to ensure all students are safe to learn and to achieve. The Department of Education’s new Title IX regulation bolsters the legal right to equal access to education, provides new and meaningful protections for survivors of sexual harassment and assault, and balances the scales of justice on campuses across America.

1. Historic Recognition of Sexual Harassment as Sex Discrimination

  • Survivors of sexual misconduct deserve protection that truly carries the force of law.
  • Under Secretary DeVos’s significant new regulation, sexual harassment under Title IX now includes – for the first time – dating violence, domestic violence, and stalking.
  • The Obama Administration addressed campus sexual misconduct in a confusing and lawless “Dear Colleague” letter, which was widely criticized across the political spectrum
  • The Trump Administration followed the Administrative Procedure Act by proposing a regulation and responding to more than 124,000 public comments, incorporating many of the suggestions from those comments into the final regulation.

2. Empowers and Protects Survivors in New Ways

  • Survivors are now in the position of control to decide what happens after an incident of sexual harassment, including sexual assault, occurs.
  • Schools must respect a survivor’s decision to file, or not to file, a formal complaint and must offer supportive measures either way.
  • Schools must respond promptly in every instance by offering to provide supportive measures like dorm reassignments or class schedule adjustments
  • Schools are forbidden from pressuring a survivor into filing or not filing a formal complaint or participating in a grievance process.
  • To protect younger students, K-12 schools must respond promptly when any school employee has notice of sexual harassment, including sexual assault.
  • The new regulation extends to all aspects of a school’s education program or activity and applies to any building owned or controlled by a student organization recognized by a college or university.
  • If a survivor chooses to participate in a grievance process, the final rule protects survivors from inappropriately being asked about prior sexual history (also known as "rape shield" protections), and the survivor must not be required to divulge any medical, psychological, or similarly privileged records.
  • A survivor never has to come face-to-face with the accused during a hearing, and an accused is never allowed to personally ask questions of a survivor.
  • Survivors are protected against retaliation when they choose to report sexual misconduct or not, file a formal complaint or not, participate in a grievance process or not.
  • Survivors are protected against bullying or harassment throughout the grievance process.

3. Balances Scales of Justice on College Campuses

  • Secretary DeVos’s new Title IX regulation restores fairness to campus processes by upholding each student’s right to written notice of allegations, the right to an advocate, and the right to submit, examine, and challenge evidence.
  • All students now have the right to a live hearing where advisors conduct cross-examination.
  • All students have the right to an impartial finding based on evidence using a standard of evidence — either the preponderance of evidence standard or the clear and convincing standard — that applies to all members of the school community, including faculty.
  • Schools must offer both parties an equal opportunity to appeal the finding.
  • Under the new regulation survivors face less risk of having cases overturned by courts, because schools are required to use fair, transparent procedures consistent with due process.
  • The new regulation incorporates important feedback from stakeholders and gives schools flexibility to conduct Title IX investigations and hearings remotely.