Title IX is a federal civil rights law that protects people from discrimination based on sex in education programs or activities that receive federal financial assistance. While many associate Title IX strictly with equity in access to sports and facilities irrespective of sex, it also applies to sexual harassment, including sexual violence.
In April 2024, the Biden Administration issued a Final Rule related to Title IX and it went into effect on August 1, 2024. Then, on January 9, 2025, the Biden administration’s Title IX Final Rule was struck down by the U.S. District Court for the Eastern District of Kentucky and the regulations were declared unconstitutional for all schools nationwide.
In response to the court action last month, CSDC has updated its Title IX Sample Policy.
Title IX regulations found in 34 C.F.R. Part 106 require extensive standards and grievance procedures for complaints of sexual harassment. The CSDC Sample Title IX policy is intended to comply with those standards. The newest CSDC sample policy is written so that member schools have the ability to develop the grievance procedures to be adopted by the school. The Title IX regulations apply to complaints of sexual harassment made by employees or by students.
Title IX regulations define sexual harassment more narrowly than the school’s code of conduct or employee handbook. Some complaints of sexual harassment will not fall within the sexual harassment definitions of Title IX’s regulations but will fall within the sexual harassment definitions within the student code of conduct or employee handbook. Each complaint a school receives alleging sexual harassment should be examined to determine which grievance procedures need to be followed. Some complaints might implicate multiple grievance procedures.
If you have any questions regarding this or any CSDC sample policy, please contact Caitlin O’Halloran Hellar at caitlin@chartercenter.org.
