12 | HR Connection
Twenty New Tasks from the 2020 Title IX Regulations A Checklist for Title IX Coordinators
Holly Boyd Wardell, Attorney
T
he May 2020 Title IX sexual harassment regulations require that each “recipient” (i.e., an educational institution that receives federal funds) designate and authorize at least one employee to coordinate its efforts to comply with its responsibilities under Title IX. 34 C.F.R. § 106.8(a). That employee must be referred to as the “Title IX Coordinator.” Id. This is not a new position, but it does entail new responsibilities. If one of the many hats you wear for your district includes the “Title IX” hat, take note. Here’s your new to-do list:
reflect current information about the Title IX Coordinator (e.g., DIA, FB, and FFH Exhibits).
3. Confirm that the district’s website and publications contain proper nondiscrimination notices. While there is no requirement that the district’s nondiscrimination policy and Title IX Coordinator’s contact information be on the homepage or linked to the homepage, it must be “prominently displayed.” There is no requirement to have a section of the website dedicated to Title IX requirements. There is no requirement that Title IX information be located on multiple pages of a district’s website. Title IX information could be added as a drop-down 1. Notify all applicants for admission and option in any of the following areas: employment, students and parents, Required Notices, Public Information, employees, and unions with which Departments, Students, Employees, the district has collective bargaining Community. agreements of the name/title, office address, email address, and telephone 4. Develop a grievance procedure number of the Title IX Coordinator. that comports with 34 C.F.R. Part 106 for responding to all reports of 2. Ensure that policies and handbooks
sexual harassment and a process for investigating formal complaints. Various model regulations/procedures are available that will work in conjunction with the district’s FFH policies. Although TASB Policy service has updated FFH and DIA (LEGAL) and (LOCAL) policies, those policies alone do not contain all of the required elements for the new Title IX grievance process. Additional regulations or procedures are necessary. 5. Train all district staff on the definition of sexual harassment, school policies, and reporting requirements. The Office of Civil Rights will now impute to the district knowledge on the part of any school employee of sexual harassment. In other words, OCR will treat the district as having actual knowledge of sexual harassment if any employee knew of the harassment, regardless of whether the employee ever reported the conduct (unless the employee is the harasser). It is imperative that
