Amended Title IX regulations took effect August 1, 2024 and enact significant changes from the 2020 Title IX rules.
The new regulations apply to all elementary schools, secondary schools, postsecondary institutions, and other institutions that receive federal financial assistance.
What follows are the significant changes. Please see the full policies for additional information.
The Definitions:
Sex-based discrimination includes discrimination based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.
Sex-based harassment which includes quid pro quo sexual harassment, sexual assault, dating violence, domestic violence and stalking.
Sex-based harassment also includes hostile environment harassment, which is defined as unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the recipient’s education program or activity.
Pregnancy Conditions are Protected:
The new regulations clarify that students, employees, and applicants are protected from discrimination based on pregnancy, childbirth, termination of pregnancy, lactation, related medical conditions, or recovery. Among other requirements, institutions must provide reasonable modifications for students; reasonable break time for employees for lactation; and a clean, private lactation space for students and employees.
Deliberate Indifference:
Now, a school with knowledge of conduct in its education program or activity that reasonably may constitute sex discrimination must respond promptly and effectively requires complying with multiple provisions, including monitoring for barriers to reporting, designating responsibilities for confidential and non-confidential employees, and requiring your Title IX Coordinator to initiate complaints where health or safety is threatened.
Increased Access to the Informal Resolution Process:
Schools also have the option to offer an informal resolution process for sex discrimination complaints, unless the complaint includes allegations that an employee engaged in sex-based harassment of an elementary school or secondary school student, or unless such a process would conflict with federal, state or local law.
Return to the Single-Investigator Model:
Schools now have the option to use a single-investigator model, and schools may choose to use this model in some, but not all, cases as long as it is clear in their grievance procedures when this model will be utilized.
Supportive Measures:
The new rules emphasize the importance of providing supportive measures to survivors of sexual harassment or assault, regardless of whether a formal Title IX complaint is filed. These measures are intended to ensure the safety and well-being of the individuals involved and may include but not be limited to counseling, academic accommodations, changes in housing or class schedules depending on what is reasonably available at the College.
Designate Confidential Employees:
The 2024 regulations created three categories of confidential employees who are not required to notify the Title IX Coordinator about conduct that reasonably may constitute sex discrimination. For MVCC, the only confidential employees that we have are the Licensed Mental Health Practitioners in the Counseling Department. Instead, these individuals must provide information to anyone who informs them of conduct that reasonably may constitute sex discrimination about their status as a confidential employee for purposes of Title IX, how to contact the Title IX coordinator, how to make a complaint, and how the Title IX coordinator can help. A report provided to one of these employees does not constitute an official Title IX being reported to the College.
The College is a member of SUNY’s Student Conduct Institute (SCI), and individuals who are required to receive training must complete SCI trainings prior to investigating and hearing cases. Information about these trainings is available at http://system.suny.edu/sci/training.