Insights & Resources

Title IX Resource Center

    Back To Title IX Resource Center

    Guidance from the Office for Civil Rights

    Guidance Currently In Effect

    August 24, 2021 Dear Colleague Letter
    After a decision by the U.S. District Court for the District of Massachusetts in Victim Rights Law Center, et al. v. Cardona, the U.S. Department of Education’s Office for Civil Rights released a Dear Colleague Letter dated August 24, 2021, indicating that a portion of the 2020 Title IX regulations had been vacated and would no longer be enforced. The regulation is a part of 34 CFR 105.45(b)(6)(i), and the portion that was vacated relates to the consideration of statements not subject to cross-examination.

    July 20, 2021 Questions and Answers on the Title IX Regulations on Sexual Harassment
    The U.S. Department of Education issued at 67-page Q&A document discussing the August 2020 regulations and implementation under the new administration. The document also includes sample policy language to assist in compliance.

    U.S. Department of Education Office of Civil Rights Blog
    The Office for Civil Rights (OCR) has been regularly sharing Title IX interpretations on this blog since the release of the new regulations.

    U.S. Department of Education Policy Guidance Portal
    This policy database contains all current policy guidance issued by OCR, which includes both Title IX and non-Title IX information.

    U.S. Department of Education Title IX Website
    On this website, under the policy tab, you will find Title IX resources that have been released regarding the new rule, including webinars that may be helpful to train personnel.

    Questions and Answers Regarding the Department’s Title IX Regulations – Part 1
    This document, issued by the U.S. Department of Education’s Office for Civil Rights on January 15, 2021, answers a broad range of questions regarding the new Title IX regulations, including questions on definitions (e.g. attempt), deliberate indifference, “program or activity,” off-campus locations, parent role in filing complaints, employees, record-keeping, confidentiality, the Clery Act and K-12 proceedings.

    Questions and Answers Regarding the Department’s Title IX Regulations – Part 2
    This document, issued by the U.S. Department of Education’s Office for Civil Rights on January 15, 2021, answers a broad range of questions regarding the new Title IX regulations, including questions on the role of the Title IX Coordinator, role of the investigator, role of the decision-maker, training, investigative reports, time frames, sending written determinations, evidence, cross-examination, advisors, sanctions, appeals and informal resolution.

    Questions and Answers Regarding OCR’s Interpretation of Title IX and Single Sex Scholarships, Clubs, and Other Programs
    This document, issued by OCR on January 14, 2021, offers eleven pages of guidance regarding how to handle single-sex scholarships (awarded by the institution or otherwise), as well as how to address clubs and other programs that are targeted to a particular sex.

    September 4, 2020 OPEN Center Q&A Regarding the Department’s Final Title IX Rule
    This Q&A, provided by the U.S. Department of Education Office for Civil Rights OPEN Center, offers assistance in interpreting the final regulations with regard to the effective date of the Final Rule, the Title IX Coordinator and other personnel issues, the definition of sexual harassment, the filing of a formal complaint and conducting an investigation hearing.

    OCR’s Enforcement of Title IX in Light of Bostock v. Clayton County, Ga.
    OCR provided two documents relating to enforcement of Bostock, the U.S. Supreme Court decision that declared that Title VII protected employees from discrimination on the basis of sexual orientation and transgender status. The first is a letter of notification, which although redacted, outlines the agency’s views on the application of Bostock in the Title IX context. The second is revised letters of impending enforcement action regarding schools in Connecticut who allowed transgender female students to compete in girls’ sports.

    February 2017 Dear Colleague Letter Regarding Withdrawal of Transgender Guidance
    This Dear Colleague Letter withdraws the May 13, 2016, Dear Colleague Letter regarding transgender students, as well as the Letter to Emily Prince dated January 7, 2015, regarding the treatment of transgender students consistent with their gender identity. An accompanying statement by U.S. Secretary of Education Betsy DeVos indicated that this is “an issue best solved at the state and local level” in a way that can “protect all students.”


    Guidance No Longer In Effect

    Memorandum for Kimberly M. Richey, Acting Assistant Secretary of the Office for Civil Rights
    On January 8, 2021, in the waning days of the Trump administration, the U.S. Department of Education’s Office of the General Counsel issued this legal memorandum on how the U.S. Supreme Court’s decision regarding sexual orientation/gender identity discrimination under Title VII applies to Title IX. 

    September 2017 Dear Colleague Letter and Q&A (Archived)
    On September 22, 2017, the U.S. Department of Education issued a press release, Dear Colleague Letter, and Q&A explaining interim guidance in lieu of its simultaneous withdrawal of the April 2011 Dear Colleague Letter and April 2014 Q&A document. Additional guidance is expected to be subject to the notice and comment procedure in the upcoming months.

    June 2016 Dear Colleague Letter Regarding Gender Equity in Career and Technical Education (Rescinded)
    This Dear Colleague Letter emphasizes the need for equal access to career and technical programs and to identify and respond to the substantially disproportionate enrollment of individuals of one sex.

    May 2016 Dear Colleague Letter Regarding Transgender Students (Withdrawn)
    This Dear Colleague Letter summarizes guidance on Title IX and transgender students, including identification on documents, pronoun usage, restrooms/lock rooms, athletics, single-sex classes, overnight accommodations and questions under FERPA.

    May 2016 Examples of Policies and Emerging Practices for Supporting Transgender Students (Withdrawn)
    This document provides guidance on, among other things, how to handle student transitions, privacy concerns, sex-segregated facilities, bullying/harassment and providing support to transgender students. 

    April 2015 Dear Colleague Letter Regarding Obligations of Title IX Coordinators (Rescinded)
    This Dear Colleague Letter emphasizes the necessity of naming a Title IX Coordinator, training him or her properly and ensuring that he or she understands his or her responsibilities.

    April 2014 Question and Answers about Title IX and Sexual Violence (Withdrawn)
    This document offers more specific information as a follow-up to the April 4, 2011, Dear Colleague Letter.

    April 2011 Dear Colleague Letter (Withdrawn)
    This guidance document focuses on sexual violence and its effect on the educational setting and imposes new policy requirements on educational entities.

    January 2006 Dear Colleague Letter Affirming 2001 Guidance (Rescinded)
    On January 25, 2006, the U.S. Department of Education issued a Dear Colleague Letter to reaffirm its support for the 2001 Revised Sexual Harassment Guidance. 

    January 2001 Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties (Rescinded)
    This guidance document provides general information on sexual harassment in the educational setting.