September 2, 2022 | NEWS | By April Kwan
Title IX was originally signed into law by President Richard Nixon on June 23, 1972, as part of the Education Amendments of 1972. It caught national attention after Representative Patsy T. Mink of Hawaii introduced it to Congress as a follow-up to the Civil Rights Act of 1964.
Title IX initially stated that “No person in the United States shall, on the basis of sex, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” This law declares that any educational institution which receives federal financial assistance must provide fair and equal treatment to all sexes in all areas.
50 years later, on June 23, 2022, the U.S. Department of Education has announced proposed changes to Title IX, which was last altered in 2020.
There are seven components to the proposed changes:
- “Expand the definition of ‘sex discrimination’ to include — sex stereotypes, sex characteristics, sexual orientation, gender identity, pregnancy (or related conditions).” Doing this would allow for a more inclusive interpretation.
- “Require all employees with positions related to administrative leadership, teaching, or advising to be mandatory reporters. All other employees must be designated as mandatory reporters or must be required to provide the resource of the Title IX Coordinator’s contact information and instructions on how to file a report.”
- “Remove the requirement that individuals submit a signed ‘formal complaint’ document before institutions can offer investigation or informal resolution options.”
- “Require college to address all behavior that is under their normal disciplinary authority. For example, if the college addresses other physical violence that occurs off-campus, they must address sexual misconduct that occurs off campus.” Doing so would expand the colleges’ jurisdiction.
- “Expand the definition of ‘sexual harassment.’” The proposed definition is: something “so severe or pervasive that it denies or limits a person’s ability to participate in or benefit from an educational program or activity (hostile environment).”
- “Remove the ‘live hearing’ requirement and allow for a ‘single investigator’ model. This provides more autonomy to each individual institution as to what procedures make the most sense for their community, so long as the college meets specific requirements.”
- “Allow former students or former employees to file a complaint even if they have left the institution. This provides for greater accountability and support.”
Individuals may submit a public comment and engage in discussion on the United States Government Regulations website. More information on the proposed Title IX changes can be found on the U.S. Department of Education website.
Further questions or concerns may be directed to Colorado College’s Title IX Coordinator, Tashana Taylor (tashana.taylor@coloradocollege.edu), Deputy Title IX Coordinator, Joshua Isringhausen (jisringhausen@coloradocollege.edu), or Cassie Luna, Sexual Assault Response Coordinator (SARC@coloradocollege.edu)