LEGAL UPDATE
New Title IX Final Rule on Sexual Harassment By Terence Morrow, MSBA Director of Legal and Policy Services
In May 2020, the U.S. Department of Education issued an anticipated final rule that amends the federal regulations related to allegations of sexual harassment in educational institutions. The rule seeks to clarify the definitions and administrative liability that may arise in sexual harassment cases involving K-12 school districts that are Title IX recipients. The final rule goes into effect on August 14, 2020. MSBA will issue revised policies and provide additional assistance to districts before the effective date. Sexual harassment: One of the highlighted developments centers upon the definition of “sexual harassment.” The final rule states that sexual harassment is conduct on the basis of sex that occurs in one or more of the following situations: (1) an employee conditions provision of aid, benefit, or service on an individual’s participation in unwelcome sexual conduct (quid pro quo harassment); (2) unwelcome conduct that a reasonable person would perceive as so severe, pervasive, and objectively offensive that it effectively denies a person equal access to an education program or activity; or (3) sexual assault, dating violence, domestic violence, or stalking as defined under federal law.
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JULY–AUGUST 2020
Title IX Coordinator: A K-12 school district must designate an employee whose responsibilities include coordination of the district’s compliance program. This employee, who must be known as the “Title IX Coordinator,” may be an employee with other assigned duties. Policy and notice requirements: A K-12 school district must provide notice of its nondiscrimination policy and grievance procedures, which must state that the district does not discriminate on the basis of sex in its education program or activities. The notice must include the Title IX Coordinator’s phone number, office address, telephone number, and email address. The notice must appear on the district’s website and handbooks. Reporting allegations of sexual harassment: Any person may report sexual discrimination, including sexual harassment, under the final rule. A report may be made at any time. The final rule defines a district’s “actual knowledge” of sexual harassment as notice of sexual harassment or allegations of sexual harassment that any employee
MINNESOTA SCHOOL BOARDS ASSOCIATION | JOURNAL
