On May 6, 2020, the U.S. Department of Education (DOE) announced the release of formal Title IX regulations for the first time since 1997. These “Final Rules,” which had to be implemented by colleges and universities by Aug. 14, 2020, represent comprehensive changes regarding how schools handle issues of sexual harassment and sexual assault on campus. With colleges and universities already grappling with moving forward in the COVID-19 era, conforming their Title IX policies to the Final Rules presented yet another significant undertaking.

Title IX and Sexual Harassment: How Did We Get Here?

Title IX of the Education Amendments of 1972 was enacted to protect students from sex discrimination under any education program or activity receiving federal funding. The concept of sexual violence on campus as a Title IX sex discrimination issue first took root in 1997, when the DOE’s Office of Civil Rights (OCR) issued “Sexual Harassment Guidance” which set forth OCR’s compliance standards in investigations and administrative enforcement of Title IX regarding sexual harassment.

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