Title IX Overview

May 2020: revised U.S. Department of Education regulations regarding Title IX:

• Community e-mail, December 2018
• Wesleyan’s Public Comment
• Comments on behalf of twenty-four private, liberal arts colleges and universities, including Wesleyan
• SACE Blog

As you may have heard, the U.S. Department of Education announced the Title IX Final Rule on May 6, 2020, thus ending the process that began in November 2018 to update regulations around campus-based sexual misconduct. 

The final document was extensive (2033 pages) and took some time to carefully read through and analyze. The Office for Equity & Inclusion worked with a number of constituents to review and revise Wesleyan’s current policies and procedures as required under the new regulations. As always, our aim is to have compliant policies, practices, and procedures that are responsive and fair for all parties. These changes are reflected in the updated Policy Prohibiting Discriminatory Harassment and Sexual Misconduct.

What is Title IX:

Title IX of the Education Amendment of 1972 states that no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity. Title IX is a federal law intended to end sex discrimination in all areas of education. It applies to non-discrimination based on sex/gender to all recipients of federal funds and applies to issues of program equity, such as in athletics, and also to sexual harassment and sexual violence.

Most people who know about Title IX think it applies only to sports, but athletics is only one of 10 key areas addressed by the law.  These areas are: Access to Higher Education, Career Education, Education for Pregnant and Parenting Students, Employment, Learning Environment, Math and Science, Sexual Harassment, Standardized Testing and Technology, Minors.

Note that discrimination based on pregnancy and parenting is prohibited by Title IX of the Education Amendments of 1972. Title IX requires that schools must offer pregnant students the same benefits they offer to students with other medical conditions, such as illness or injury. One exception to this rule is absences – Title IX requires that schools (including universities, colleges, etc.) excuse absences due to pregnancy and related conditions for as long as a doctor says it is necessary.  Students to whom this applies should work with Health Services and their Class Dean.  Click here to learn more about supporting the academic success of pregnant and parenting students under Title IX.

Additionally, sexual misconduct and violence on college campuses is of great concern and has been/is being continually reviewed to allow change to occur through such legislation as:

• 2011 Dear Colleague Letter from OCR: Provides clarification to all institutions receiving Federal funding. Specifically states that sexual harassment of students, which includes acts of sexual violence, is a form of sex discrimination prohibited by Title IX.

• PA 12-78, entitled An Act Concerning Sexual Violence on College Campuses: Connecticut’s response to the Dear Colleague Letter, it requires public and private higher education institutions to adopt and disclose one or more policies on sexual assault and intimate partner violence.

• The Campus Sexual Violence (SaVE) Act  Seeks to update the Jeanne Clery Act.  SaVE requires that incidents of domestic violence, dating violence, sexual assault, and stalking be disclosed in annual campus crime statistic reports.

• Violence Against Women Act Fact Sheet: VAWA is similar to the requirements of Connecticut’s PA 12 -78 while codifying some provisions of OCR’s Dear Colleague Letter and imposing mandates for additional student awareness programming.

• PA 12-114, entitled An Act Concerning Domestic Violence: Among other provisions, requires clerks of court, upon request of the protected person, to send notice of protective orders to the President and the special police force established pursuant to section 10a-142, if any, at the College or University at which the victim is enrolled.

• HB 5029, entitled An Act Concerning Sexual Assault, Stalking and Intimate Partner Violence on Campus: Once enacted this will require each institution enter into a Memorandum of Understanding with at least one community based sexual assault crisis center as well as at least one community based domestic violence agency for the express purposes of facilitating the use of such centers by members of the campus community.

• Campus Safety and Accountability Act: If enacted this will amend the Higher Education Act of 1965 and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act to combat campus sexual violence, and for other purposes.

• PA 16-106, entitled An Act Concerning Affirmative Consent: requires all Connecticut colleges and universities to adopt an affirmative consent policy.

• NCAA Sexual Violence Prevention requires all DI, DII, DIII institutions to provide annual prevention training.

• Public Acts  19-16 and 19-93 , which together constitute Connecticut's training expectations for all employees through the TimesUp Act