On Apr. 19, 2024, the Department of Education announced the proposed changes to the Title IX regulations. Effective Aug. 1, 2024, the new regulations build on the previous guidelines to enhance fairness and effectiveness in the Title IX process. The College recently changed its Equal Opportunity Nondiscrimination Policy to comply with the law.
Title IX is a federal law established by the Department of Education (DOE) in 1972. Originally designed to address sex discrimination in collegiate sports, it has expanded to discrimination based on race, ethnicity and disability for any institution that receives federal funding. The 2020 regulations, implemented under the Trump administration, had strict guidelines for the process, including cross-examinations and the need for “clear and convincing evidence.” The 2024 regulations expand the definition of sexual harassment, extend the scope of applicability, change the formal complaint process and limit the need for an in-person cross-examination. Title IX coordinators, employees and institutions are required to complete more training under these new regulations.
“I hope under the new regulations, students feel more inclined to speak up without fear of regret or retaliation.”
In the 2020 regulations, sexual-based harassment was defined as unwelcome conduct based on sex that was severe, pervasive and objectively offensive. Under the new regulations, sex-based harassment is defined as conduct that is nonconsensual to the recipient and is severe, pervasive, or objectively offensive behavior or sex-based in nature, all while interfering with a student’s education. Harassment that is sex-based in nature is directed at an individual because of their sex, gender identity or sexual orientation. The regulations have also expanded to include harassment based on pregnancy. This regulation aims to cover a wider range of behaviors that can conflict with a student’s ability to excel educationally at their institution.
According to Jennifer Storm, the director of institutional equity, compliance & Title IX, “Muhlenberg College has always included these protections in our policies and procedures so this will not affect us.”
The regulations have also been changed to broaden the jurisdictional scope of Title IX to cover conduct for programs and activities regardless of where they occur. It now covers off-campus activities and conduct that happens outside of the United States.
Storm said, “The new regulations also specify that harassment can occur in various forms, including verbal, nonverbal or physical conduct, and in both physical and digital spaces. This broadens the scope of what is considered harassment, acknowledging the impact of technology and social media on students’ experiences.”
Unlike the previous regulations, the new rules do not require a live hearing for all student complaints. Written statements or virtual meetings are now allowed alternate methods to resolve complaints. Additionally, live hearings with live cross-examinations are no longer required to be held in person. The new regulations allow alternative arrangements, such as using separate rooms or virtual meetings to avoid the respondent. The DOE is now encouraging institutions to explore informal resolution options, yet still wants to ensure that the process is fair for both students.
Storm added, “This would not be a change for Muhlenberg, as we have always included informal resolutions as an option to resolve reports. We believe that options are vital as every case is unique and the needs of the parties vary.”
“The new regulations also specify that harassment can occur in various forms, including verbal, nonverbal or physical conduct, and in both physical and digital spaces. This broadens the scope of what is considered harassment, acknowledging the impact of technology and social media on students’ experiences.”
Voices of Strength (VOS) Educator Arden McHugh ‘25 said, “The most exciting change in my opinion is that there are no longer live hearings with cross-examination involved in the Title IX process and the expansion of informal resolutions. So many students in the past were deterred from the reporting process because they feared having their experience invalidated in the cross-examinations. I hope under the new regulations, students feel more inclined to speak up without fear of regret or retaliation.”
Under the new regulations, Title IX coordinators will have additional responsibilities ensuring that both parties’ rights are being protected throughout investigations. Institutions are being given more clear and detailed guidance regarding how to handle complaints and find resolutions. Under their grievance procedures, institutions must now provide an appeal process for decisions so that both parties can challenge the outcomes if needed. Institutions will now be required to provide ongoing training to employees such as their Title IX coordinators, investigators, decision-makers, informal resolution facilitators and human resources professionals.
Members of VOS at the College have not been trained on these new regulations yet, however, McHugh highlighted that “VOS members are not mandatory reporters. We are completely confidential.” She wanted to emphasize the fact that the Title IX process is not for everyone. “Sometimes a Title IX Process is a part of that healing, but it doesn’t have to be.” Storm said, “We want the community to be fully empowered with all the policies, procedures, and resources to make informed decisions and have support throughout the process.” Storm will be holding several training sessions in the upcoming weeks to broaden Muhlenberg’s knowledge about these changes. There will be four in-person training sessions taking place in Seegers 109 from 4:30-5:30 p.m. on Sept. 17, Sept. 19, Oct. 1 and Oct. 3. An additional three Zoom sessions will be held on Sept. 16, Sept. 23 and Sept. 30 from 6:00-7:00 p.m..
