A Breakdown of Title IX: What to know as you head back to school

When I think of heading off to college, I picture a time filled with new possibilities and excitement, making new friendships, and personal growth. Unfortunately, I also can’t help but think about the troubling reality of sexual assault and dating violence many college students encounter during their college years.

In fact, CDC data shows that over 45% of women and 40% of men who have ever experienced intimate partner violence (IPV) experience their first abusive relationship between the ages of 18 and 24 years old, making college-aged students the most at-risk age group for dating violence and IPV.

Another disturbing reality at the start of a campus academic year is known as “the red zone” - the time period between the beginning of the fall term until the holiday break when students are at greater risk of sexual assault. Studies show that nearly 50% of all sexual assaults on campus happen during these first few months of school. The risk is significantly higher for first-year students.

These incidents of sexual assault and dating violence, which disproportionately affect women, can have devastating impacts on students' well-being, academic performance, and mental health. This reality highlights the urgent need for campuses to prioritize safety, prevention, and survivor support to ensure that college is a safe space for everyone.

However, student safety from violence is often under-addressed. Additionally, colleges have constantly changing processes, and many students feel a lack of agency from college officials when it comes to creating an environment that supports students and promotes safety. One key law that attempts to ensure such safety is Title IX.

What is Title IX?

Title IX is a federal law that prohibits sex-based discrimination in any educational program or activity that receives federal funding. The Office of Civil Rights (OCR) enforces Title IX by evaluating, investigating, and resolving complaints alleging sex discrimination. Title IX was established in 1972 and was originally intended to create equal opportunities for women in athletics, but it has broadened to include protections against gender-based discrimination, including gender-based harassment and violence. 

Federal law, including Title IX, requires schools to take action to address gender-based violence on campus—but federal law only sets a floor for schools’ obligations to create safe and equal campuses. Even if your state has a law, executive order, or other policy instructing schools not to follow the Biden rule, both the U.S. Constitution and the Title IX rules state that Title IX preempts state law where there is a direct conflict. So, if your school receives federal funds and does not comply with the new Biden rule because of a state policy, it risks losing those federal funds.

2024 Title IX Changes

In April 2024, The Biden administration developed significant updates to Title IX, which recently took effect in August 2024. The newest updates to Title IX attempt to strengthen protections against sex-based harassment and clarify protections for LGBTQI+ and pregnant and parenting students. The updates are comparatively more protective for students than the 2020 regulations under the Trump administration. 

These changes can impact various aspects of campus life, including how sexual violence and assault cases are handled. If you’re a student, it’s crucial to understand how these new regulations might affect you and your campus environment. As you return to campus this year, here is what you need to know about the new Title IX changes.

Key Updates to Title IX Laws

Below, we expand on three key updates to Title IX Laws, including expanded definitions of sexual harassment, enhanced support for survivors, and mandatory training for faculty and staff.

Expanded definitions of sexual harassment

One of the biggest changes in the new Title IX regulations is expanding what constitutes sexual harassment. Previously, sexual harassment was defined narrowly, creating barriers for students to report and address sexual misconduct. The new definitions cover a wider range of behaviors,  including verbal harassment, unwanted physical advances, and online harassment. 

Additionally, Schools must address incidents of sex discrimination that occur in a school activity inside the U.S., even if it occurs off-campus or online. Furthermore, schools must address any hostile environment that arises in a school activity, including assault that may take place while studying abroad, in off-campus housing, online, or at a fraternity.

The updated regulations also require institutions to implement more accessible and straightforward reporting procedures. This change intends to make it easier for students to file complaints and seek help when needed. Many institutions are implementing online reporting systems and dedicated offices to handle these cases to simplify the process.

Enhanced support for survivors

The 2024 updates place a strong emphasis on supporting survivors of sexual harassment and assault. This includes ensuring survivors can access necessary resources and accommodations throughout the investigation and adjudication processes.

One major change that supports this is the requirement that schools need to respond to sex discrimination with “prompt and effective action.”  Placing a greater emphasis on providing support and guidance throughout the reporting process. The emphasis on support aims to create a more respectful and supportive environment for survivors, reducing the stress and trauma associated with reporting and participating in investigations.

Mandatory training for staff and faculty

The new laws mandate that colleges and universities provide comprehensive training for staff and faculty on Title IX issues. This includes training in handling complaints, understanding the expanded definitions of harassment, and ensuring fair and respectful treatment of all parties involved. With better-trained staff, students can expect a more knowledgeable and empathetic response to their concerns. This training aims to reduce biases and improve the handling of cases.

The new regulations call for greater transparency in how Title IX cases are handled, including regular updates and reports on the number and nature of cases and how they are resolved. Students will have access to more information about how Title IX issues are addressed on campus. This can help build trust in the institution’s processes and lead to more consistent and fair outcomes.

What do all of these 2024 Title IX updates mean?

The new Title IX laws represent a significant step forward in ensuring that educational environments are safe, equitable, and supportive for all students. As college students, understanding these changes and their implications can help you navigate your campus more effectively and contribute to a positive and inclusive community.

Understanding your rights under the new Title IX regulations is crucial. Familiarize yourself with your school’s Title IX policies and procedures. This includes knowing how to report harassment and assault, understanding what kind of support is available, and what to expect during the investigation. Many schools offer workshops or informational sessions on Title IX. Attending these can provide valuable insights and updates on the latest regulations.

The landscape of campus safety and rights is always evolving. Staying informed about the latest developments in Title IX regulations and your institution’s policies will help you navigate changes effectively.

myPlan is a resource for higher education institutions and college students

Under Title IX, higher education institutions are required to prevent and address various forms of violence, including intimate partner violence (IPV), and myPlan can help. myPlan is a free, personalized, and research-backed web app offered in English and Spanish to help with safety decisions for those who are or may be experiencing abuse in an intimate relationship. myPlan is a trusted partner of the One Love Foundation and has been added to their education resources to promote student safety and well-being. Check out myPlan’s free campus toolkit that provides resources and options to integrate myPlan into existing higher education violence prevention and programming.