The Final Rule: The Definition of Sexual Harassment

the single-user bathroom be used by transgender individuals; rather, make them available for anyone to use.

 Consider a particular method by which students and employees can seek accommodation based on gender identity. Such accommodations could include restroom access, preferred names and pronouns, and changes to school records to align with an individual’s gender identity.

If possible, your policies and procedures should designate the person who will receive such requests so that person can be trained in this sensitive area.

 Provide training for school employees on issues relating to gender identity and sexual orientation. Similarly, regular outreach and awareness initiatives can be used to enhance acceptance of gender diversity within the school community.

 Finally, remind your stakeholders that protection of rights is not a

“majority rules” issue. Even if most people in your community object to protecting transgender students, the school has a legal obligation to do so. Consider assembling a committee of stakeholders to discuss ongoing efforts and to support your school in fostering an environment of inclusivity.

SEXUAL HARASSMENT UNDER TITLE IX

THE FINAL RULE: AN OVERVIEW OF THE TRANSFORMATION OF TITLE IX

Sexual harassment was not originally addressed by Title IX and its regulations. As discussed previously, Gebser and Davis set the framework for sexual harassment claims under Title IX along with OCR’s interpretations.

Under the Obama administration, OCR issued multiple Title IX Dear Colleague letters sparking a growing debate about how to address sexual violence and harassment of victims while protecting the due process and First Amendment rights of the accused. During this time, OCR was criticized for attempting to rule by letter rather than publishing formal rulemaking under the Administrative Procedure Act.

In 2017, the Trump Administration proposed new Title IX rules. The proposed rules were designed to address sexual harassment and to address due process

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