At the end of April 2024, Ohio’s Attorney General, Dave Yost, filed suit against the United States Department of Education just after it released changes to Title IX.
The law prohibits discrimination in schools based on sex, and the new rules provide additional protection to members of the staff and students who identify as LGBTQIA+ that will begin at the start of August 2024 to reduce discrimination for pregnant people and student parents due to their gender identity and pregnancy/parental status.
With these increased protections, it may be more difficult to ensure you or staff members at your school are abiding by the law. If you have concerns about how the rule changes could affect you, speak with a Title IX defense lawyer at Koffel Brininger Nesbitt for experienced legal guidance.
Title IX Provides Strong Protections for Women and Minorities
Enacted in 1972, Title IX is a critical portion of the Education Amendments Act banning sex-based discrimination against employees, students, and anyone associated with a school or educational program that receives funding from the U.S. government. It allows those populations safe and protected access to education with legal recourse for actions taken against them in violation of the law. Title IX can be enforced at any private or public:
- Elementary school
- Secondary or high school
- School district
- College or university
- Federally funded educational institution
Title IX probits discrimination in all activities, but it also addresses the effects of failing to provide adequate protection from sexual assault or rape. While the law has been used primarily for cases involving women, it has expanded in application to situations involving LGBTQIA+ people.
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Title IX Rule Changes Are Effective August 1, 2024
The final Title IX regulations are intended to strengthen protections for anyone who is discriminated against “based on sex stereotypes, sexual orientation, gender identity, and sex characteristics.” Under the changes, educational institutions must act immediately when they receive notice about conduct that could run afoul of the law. Title IX prohibits discrimination, and it also protects against retaliation from schools or their representatives when students, employees, or others report a violation.
Other key takeaways from the new changes include:
- Schools must develop a procedure for resolving complaints involving representatives from the school where an objective investigator or decision-maker asks questions to establish each party’s credibility.
- All complaints must be treated equitably.
- There must be no conflict of interest or bias regarding school representatives who participate in the informal resolution process of Title IX complaints.
- The grievance procedure should operate on the assumption that a respondent is not responsible for alleged discrimination until a determination is made.
- The respondent must have adequate notice and information concerning any allegations and the process for resolving them.
- Both claimant and respondent should have appropriate time and ability to present relevant evidence for the resolution process.
- There can be no sanctions under Title IX against any person unless and until the grievance procedure determines the individual was responsible for the sex discrimination under review.
While the new changes do not currently include language specifically protecting transgender students and their ability to join athletic teams based on gender identity, the U.S. Department of Education plans to issue a separate final rule on this topic. The goal is to balance providing protection to transgender students against Title IX violations while Attorney General Yost and others argue that the rule change will endanger cisgender women in programs designed expressly for women.
Ohio Attorney General Yost Joins Other GOP States in Suing Department of Education
According to Ohio Capital Journal, Yost is one of 26 Attorney Generals in Republican-led states to file legal action against the U.S. Department of Education, claiming the rule change “turns the statute upside down” and no longer provides protections exclusively for women by allowing transgender women to participate in programs designed for women.
In a recent statement, Yost argues that cisgender women will be forced to allow “men who identify as women” into locker rooms, bathrooms, and other facilities.
Initiated by Tennessee filing in the U.S. District Court for the Eastern District of Kentucky, other states instigating lawsuits along with Ohio include Kentucky, Virginia, West Virginia, and Indiana. In addition, Ohio House Bill 68 was passed to prevent transgender girls from playing on girls’ sports teams but has been temporarily stayed in Franklin County Court.
Further, House Bill 183 also seeks to prevent transgender students from using bathrooms that match their gender identity, although the bill was voted out of committee earlier this year.
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How the Title IX Changes Could Apply When Defending Against Accusations
Those accused of sex discrimination or sexual assault should expect a fair review of the evidence during a grievance hearing. They also have the right to defend themselves in civil or criminal trials based on Title IX violations.
Many see the new changes as strengthening these rights by stating that schools cannot use assumptions that favor the accuser over the accused. Further, all rights and opportunities must be available to all parties in a grievance hearing on equal terms.
With additional legislation on the books and an expected final rule by the U.S. Department of Education discussing transgender rights under Title IX, defending against allegations of discrimination or assault will only become more challenging. Respondents must be able to rely on the education, experience, and skill of their attorneys to be up-to-date on all applicable laws and how they affect the case.
If you or your institution requires guidance on managing grievances and their potential concerns, contact Koffel Brininger Nesbitt to schedule a consultation and learn more today.
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