Education institutions in the United States, including elementary, secondary, and post-secondary, that receive federal funding are now subject to new training requirements under the 2024 Title IX New Regulations. As of this writing, several courts have issued orders that say the new rules will not be enforced in the states that were brought those lawsuits. The remaining states must substantially revise how sexual harassment and discrimination training is addressed. The updated rules mandate that all employees, including part-time, seasonal, and student employees, must have some training upon initial hiring and annually thereafter.
Moreover, the amendments to Section 106.8(d) of the Title IX rules mandate rigorous training for employees involved in addressing sex discrimination and sex-based harassment. These regulations aim to ensure that all aspects of the Title IX grievance process—from initial reporting to final adjudication—are conducted with fairness, impartiality, and adherence to stringent procedural standards.
TRAINING REQUIRED FOR ALL EMPLOYEES
Employee training must cover campus policies for handling complaints, the resolution process, and how they can support students, including:
- The scope of conduct that constitutes Title IX sex discrimination, sex-based harassment, and sexual/interpersonal violence. This includes the school’s obligation to address these issues in all its educational programs and activities;
- Information on connecting persons who experience misconduct to confidential resources, including the Title IX Coordinator’s contact and general information;
- *Non-confidential employee’s responsibility to report sex discrimination, sex-based harassment, and sexual and interpersonal violence to the Title IX Coordinator;
- The responsibility of all employees to provide students with the Title IX Coordinator’s contact and other information upon notice of a student’s pregnancy or related condition and explain how the Title IX Coordinator can coordinate specific actions to prevent sex discrimination and ensure their equal access to the education program or activity; and
- Understand victim protections, maintain victim privacy to the extent possible, and uphold the presumption of innocence for the accused until the resolution process concludes.
TRAINING REQUIRED FOR TITLE IX OFFICIALS
Investigators, decisionmakers, employees implementing grievance procedures, and employees who have the authority to modify or terminate supportive measures must complete the all-employee training, plus:
- the importance of impartiality, conflict avoidance, and bias mitigation;
- the nuances of relevant evidence and grievance procedures; and
- technology proficiency in tools needed for resolution procedures
Informal resolution facilitators must complete the all-employee training, plus:
- the importance of impartiality, conflict avoidance, and bias mitigation, and
- policy and procedures of the school’s informal resolution process.
Title IX Coordinators must complete all of the above, plus any other training “necessary to any other training necessary to coordinate the recipient’s compliance with Title IX” including:
- Responsibilities specific to Title IX coordinators under the 2024 regulations; and
- The school’s Title IX policy, procedures and record-keeping systems.
OFFICIALS HANDLING PROCEEDINGS UNDER VAWA
Institutions of higher education also have training obligations under the Violence Against Women Act (VAWA). Disciplinary proceedings related to dating violence, domestic violence, sexual assault, and stalking must be conducted by officials who receive annual training. This training should focus on conducting investigations and hearings that prioritize victim safety and promote accountability while adhering to legal and regulatory standards. VAWA also requires offering training to all employees and students, including primary prevention and awareness programs as well as ongoing awareness campaigns
Institutions no longer required to publish the trainings on their websites, but they are required to make them available for inspection to the public upon request. This does not mean they have to provide a copy.
Navigating Title IX training requirements requires a comprehensive approach that addresses the specific roles and responsibilities within an institution; yet it also presents an opportunity to enhance campus safety, promote awareness of rights and responsibilities, and foster a culture of respect and equity.
The expert practitioners at Grand River Solutions are here to help you with all your New Regulations training needs. Contact us to learn more and visit our New Regs Information Hub.