New Title IX guidelines take effect Aug. 1

New Title IX regulations and how they will impact The University of New Mexico community were the focus of a virtual town hall hosted by the UNM Office of Compliance, Ethics & Equal Opportunity (CEEO) recently. The changes, released by the U.S. Department of Education in mid-April, are set to take effect Aug. 1, 2024.

Approximately 150 people tuned in to watch the 90-minute panel discussion, which can be found here. They joined Title IX Coordinator Angela Catena and a panel of UNM partners who provided a high-level overview of the key changes in the Final Rule and discussed the next steps for UNM as it works to ensure compliance by the deadline. The turnout demonstrated the importance of the changes to the UNM campus community.

The U.S. Department of Education published new Title IX regulations on April 19, 2024, which will take effect in less than three weeks on Aug. 1, 2024. These regulations supersede those from 2020, necessitating changes at UNM to policies and procedures to ensure compliance with federal law.

"Title IX is more than just a set of regulations. It is a commitment to promote gender equity, preventing sex discrimination, and addressing sex-based harassment, including sexual violence on campus," said UNM President Garnett S. Stokes. "It's also a roadmap that presents us with an opportunity to not only comply with these regulations but also to strive for excellence in creating a safe and inclusive environment for everyone. Walking that path is going to involve navigating complex legal landscapes and balancing competing demands at various levels of government and within our university community."

"The Department of Education gave institutions 103 days to read, digest, and implement the new Title IX changes. These changes, and the 2020 changes, occur over the summer months, making collaboration a bit more challenging," said Catena. "However, UNM partners and students have shown up ready and willing to engage in change-making that is supportive and representative of the UNM community."

The final regulations advance Title IX's promise to ensure that no person experiences sex discrimination, including sex-based harassment or sexual violence, in federally funded education. They restore and strengthen vital protections for students and provide schools with information to meet their Title IX obligations while offering appropriate discretion and flexibility to account for variations in school size, student populations, and administrative structures.

The final regulations require schools to take prompt and effective action when notified of conduct that reasonably may constitute sex discrimination in their education programs or activities. The final regulations also reaffirm the Department's core commitment to fundamental fairness for all parties, the rights of parents and guardians to support their minor children, and respect for complainants' autonomy.

The town hall, along with Catena, included panelists Barbara Rodriguez, senior vice provost, Office of the Provost; Ben Zinke, UNM hearing officer; Frankie Flores, director, LGBTQ+ Resource Center; Michelle Dugan, campus advocate, Women's Resource Center; and Mutazz Jaber, ASUNM vice president.

"I am confident our process will be ready and compliant by the August 1 deadline. The expansion of scope, however, requires the entire UNM community to be responsible and hold others accountable within their working or learning environments. Title IX compliance is an institutional responsibility, and it truly takes us to go above compliance as a model institution."

- Title IX Coordinator Angela Catena

Following the presentation of updated regulations, Catena and the panel discussed the key changes, including jurisdiction expansion, sexual harassment and discrimination, mandatory reporting and supportive measures, pregnancy or related conditions, the grievance process, and hearing procedures.

Overview of key changes

• Expanded jurisdiction and scope broadens the area when a response is required and the type of response, including off-campus behaviors and activities outside the U.S. This applies to all employees, students, and other participants in UNM's programs or activities.
• Clarification of inclusive sex stereotypes and characteristics, including sexual orientation and gender identity, is explicitly covered, aligning with Title VII and the responsibility to respond to environmental and climate concerns. This clarification includes conduct subject to UNM's disciplinary authority, including off-campus and out-of-country activities.
• Expanded protections for pregnancy and related conditions, including childbirth, termination, lactation, and related medical conditions. The changes include reasonable modifications for students and employees, including leave of absence, lactation spaces, and engagement in the interactive process to understand individual needs and provide reasonable accommodations.
• The sexual harassment and discrimination definition now includes unwelcome sexual conduct that is severe or pervasive enough to deny equal access to educational programs. It applies to all employees (faculty, staff, residents, post-docs, fellows, etc.), students, and other individuals participating in or attempting to participate in UNM's programs or activities, including education and employment.
• Mandatory reporting and supportive measures include reporting requirements involving all UNM faculty and staff, including those with administrative, teaching, or advising responsibilities, who are mandated reporters. They also encompass disclosures in assignments, class discussions, and awareness events that must be reported.
• An emphasis on supportive, individualized measures to restore access, protect safety, and provide support without unreasonable burden or punitive actions. Examples include course-related adjustments, modified schedules, campus escorts, and no-contact directives.

Other notable changes include options involving the grievance process and hearing procedures. Complainants can explore options or request supportive measures without formal action, including alternative resolution and formal complaint processes, including investigation, administrative hearings, determination, and appeals. The hearing process will include pre-hearing conferences for decorum review, evidence suggestions, and setting expectations. It will also include live hearings via Zoom, with direct and cross-examination, support persons, and recording availability. Written determinations, including analysis, sanctions, and appeal rights, are also part of the hearing process.

The 2024 Title IX Final Rule Summary provides a brief overview of the key provisions, which are similar to those in the DOE's 2022 Title IX Notice of Proposed Rulemaking.

"The new Title IX regulations expanded its scope and response requirements. The regulations will not drastically change the grievance process, although we anticipate shorter investigative timelines," said Catena. "I am confident our process will be ready and compliant by the August 1 deadline. The expansion of scope, however, requires the entire UNM community to be responsible and hold others accountable within their working or learning environments. Title IX compliance is an institutional responsibility, and it truly takes us to go above compliance as a model institution."

Stakeholders will have several opportunities to provide input as the University moves forward. CEEO will put forth an interim UAP 2740 that sets forth mandated changes and will also send forward UAP 2740 later in the fall that will go to public comment. Stakeholders can email CEEO to provide feedback.

"I can promise you we will work closely with stakeholders to meet these legal requirements and to manage any risks and liabilities that may arise," said Stokes. "As president of UNM, I am committed to a campus community where safety, inclusivity, and empowerment are paramount. Together, we can and will continue to build an environment that supports and uplifts every member of our community."

For more information, visit CEEO.

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