Title IX Sexual Harassment Definition
- An employee of the University conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct;
- Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education program or activity; or
- Sexual assault, dating violence, domestic violence, or stalking.
Title IX personnel must receive training to address section §106.45 in the regulation and the training must be posted on the institution’s website.
Accessible reporting to the Title IX Coordinator
Schools must notify all members of the community of the name and contact information of the Title IX Coordinator.
Actual knowledge and applicability
Schools are only responsible for investigating formal documented complaints.
Location of incidents
Title IX only applies to incidents that occur within the school’s education program or activities, and does not apply outside the United States.
Standard of evidence
Schools must apply either the preponderance of evidence standard or the clear and convincing evidence standard.
Standard for response
Schools will be held to a “deliberately indifferent” standard.
Schools can choose to offer and facilitate informal resolution options in cases that do not involve an employee respondent.
Schools are required to offer supportive measures to complainants.
Schools must provide written notice with sufficient detail for any complaints, investigative interviews, meetings, or hearings.
Presumption of innocence
Schools must specify that respondents are presumed innocent until the conclusion of the grievance process.
Burden of gathering evidence
The school, not the parties, is responsible for gathering evidence for all Title IX cases.
Schools must treat both parties equally, indicate reasonably prompt time frames, and list the range of sanctions and supportive measures available.
Grievance procedures must provide for a live hearing, with cross examination performed by the parties’ advisors.
Right to an advisor
Each party must have the same opportunity to select an advisor, who can be an attorney but does not have to be an attorney.
Roles and Responsibilities
The decision maker cannot be the same person as the Title IX Coordinator or the investigator(s).
Schools must expressly prohibit any retaliation against any individual for exercising Title IX rights.
Review of evidence
Each party must be given 10 days to review all evidence directly related to the allegations.
Review of report
Each party must be given a minimum of 10 days to review and respond to an investigation report prior to the hearing.
Right to an appeal
Each party must have an equal opportunity to appeal a determination of responsibility and a dismissal of a formal complaint.
School must retain all case, hearing, and appeal documentation for a minimum of seven years.
Download Summary (pdf)
Adapted from Baker Tilly. (2020). Analyzing the updated Title IX regulations. [White paper].