The new Regulations would do the following:
1) Add:
Discrimination on the basis of sex includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation or gender identity.
2) Declare that the Final Rule preempts state law.
3) Require recipients to designate, hire, and pay for a Title IX Coordinator to ensure compliance with Title IX. This revision further requires recipients to train employees and hire investigators and facilitators. The revision additionally sets forth required grievance procedures.
4) Prohibit any recipient from adopting or implementing any practice or procedure concerning a student’s current, potential, or past parental, family, or marital status where such practice or procedure treats students differently on the basis of sex.
5) Require recipients “with knowledge of conduct that reasonably may constitute sex discrimination in its education program or activity” to mandatorily report the conduct to the Title IX Coordinator or to give the person alleging discrimination the Title IX Coordinator’s contact information.
6) Impose grievance procedures for complaints of sex discrimination. This includes requiring the recipient to perform and/or conduct an
investigation into alleged sex discrimination complaints, interview witnesses, and obtain evidence.
7) Prohibit recipients from requiring medical or any other documentation to validate the student’s gender identity."
from Memorandum Ruling in State of Louisiana v. U.S. Department of Education,
June 13, 2024, U.S. District Court, Western District, Louisiana
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