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The Role of the Title IX Statute in Promoting Fairness

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Title IX was enacted as a part of the Education Amendments of 1972. It is a federal civil rights law that protects students from sex-based discrimination. This is applicable in any federal government-funded educational institution or program. 

On April 19, 2024, the U.S. Department of Education issued the final regulations. These final regulations came into effect on August 1, 2024. The rules under this regulation are expanded and serve the purpose 10x better. So, this is your time to learn more about Title IX allegations. 

Now that the final regulations are made, let us show you how the Title IX statute ensures your safety:

Clear Understanding of Prohibited Sex Discrimination

The discrimination is not simply on the basis of sex. It includes aspects like sexual orientation, pregnancy, gender identity, and much more. It clearly states the scope and prohibits the same.

“Sexual Harassment” Redefined 

With the latest updates, it is not merely “Sexual Harassment”, instead it is “sex-based harassment.” Now, this is a broad term that includes sexual harassment & violence, dating & domestic violence, and much more. 

It also addresses sex-based conduct that is not entertained, be it subjectively or objectively. To the extent that the victim finds it difficult to benefit from the particular institution or program.

Inclusion of Pregnant and Lactating Students & Employees

The 2024 regulations especially mention how the requirements of pregnant and lactating members should be met. It focuses on reasonable modifications like optimum break time for lactating members, access to clean lactation rooms, and much more. 

One Point Contact

This forms part of the grievance process. The schools now have the right to choose a single investigator in a lot of instances. This means the Title IX coordinator or investigator itself becomes the decision maker. 

Accommodation of Off-Campus Incidents

Accommodation of Off-Campus Incidents

The regulations now address the off-campus incidents that are connected to the school or program. This is a strong step towards establishing control over such situations. It facilitates the feeling of safety and security amongst the students. It also ensures that there is no hindrance to the student’s access to education.

Expanding “Complaints”

A complaint no longer needs to be a formally signed statement. It can even be a written or oral complaint that has been brought to the school’s notice. The school then must register the same and move ahead with the investigations. 

Enhanced Support Measures

This step takes into account the well-being of sexual assault or harassment survivors. This is applicable irrespective of whether a formal complaint was filed or not. These supportive measures are aimed at ensuring the psychological and overall health of the victims. The measures may involve steps like counseling, flexible class schedules, and much more.

There are several points other than the ones mentioned above that Title IX takes into account. It is about empowering students and making them feel safe. It aims to collectively put together an environment that pushes the students to aspire without fear. It promises a free, fair, and fulfilling education for all. 

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