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Sex-Based Harassment

Sexual Harassment

Under the Title IX regulations, sexual harassment is conduct on the basis of sex that meets one or more of the following descriptions:

  • A school employee conditioning an educational benefit, service or an individual’s participation in an educational activity upon unwelcome sexual conduct (“quid pro quo”)
  • Unwelcome conduct determined by a reasonable person to be “so severe, pervasive and objectively offensive” that it effectively denies the victim access to the school’s education programs
  • “Sexual assault,” “dating violence,” “domestic violence,” or “stalking” as those terms are defined under the Clery Act and the Violence Against Women Act

(Section 106.30 of the 2020 Title IX Regulations)

Anyone, regardless of race, sexual orientation, disability status, or gender identity might be a victim or perpetrator of sexual harassment. 

School/District Obligations to Respond

All schools and districts that have accepted any Federal funding have obligations to respond to allegations of sexual harassment that occur within the school’s educational programs or activities.

  1. When a school/district has actual knowledge of sexual harassment in an education program or activity, the Title IX Coordinator must:
    1. promptly contact the complainant to discuss the availability of supportive measures, with or without the filing of a formal complaint
    2. explain to the complainant the process for filing a formal complaint. 

(Section 106.44 of the 2020 Title IX Regulations)

  1. Upon receipt of a formal complaint, a school/district must provide written notice to the parties who are known, which includes:
    1. Notice of the school/district grievance process, including any informal resolution process
    2. Notice of the allegations of sexual harassment, including sufficient details and with sufficient time to prepare a response before any initial interview
    3. The written notice must include a statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process.
    4. The written notice must inform the parties that they may have an advisor of their choice.
    5. The written notice must inform the parties of any provision in the code of conduct that prohibits knowingly making false statements or knowingly submitting false information during the grievance process.

(Section 106.45 of the 2020 Title IX Regulations)

Every K-12 school employee is deemed a “responsible employee.”  If a responsible employee is aware of sexual misconduct, then a school has “actual knowledge,” and is therefore obligated to respond.

Online Sexual Harassment

Sexual harassment online or through the use of Artificial Intelligence (AI) could be considered part of a school’s educational program or activity when the sexual harassment occurs in “locations, events, or circumstances over which the recipient exercised substantial control over both the respondent and the context in which the sexual harassment occurs.”  (Preamble to the 2020 Title IX Regulations).  For information regarding online sexual harassment, read Sexual Harassment Online and Through the Use of Artificial Intelligence

Notification of the Title IX Coordinator

The 2020 Title lX Regulations require that all recipients of Federal financial assistance, including elementary and secondary schools, designate at least one responsible employee to coordinate the efforts to comply with Title lX of the Education Amendments of 1972.  Schools and districts must notify all applicants for admission or employment, students, parents or legal guardians of K-12 schools, employees, and unions or professional organizations holding collective bargaining agreements of:

  • The name or title, office address, electronic mail address, and telephone number of the employee or employees designated as the Title IX Coordinator
  • That “any person” may report sex discrimination in person or by mail, phone, or e-mail, verbally or in writing, at any time 24/7

This information must be “prominently” displayed on the website and in each handbook or catalog that it makes available to persons entitled to notification.

A list of district Title lX Coordinators can also be found at ED.gov Civil Rights Coordinators Data Website.

Annual Training for Title IX Personnel

Under the 2020 Title IX Regulations, Title IX personnel should receive annual, role specific training, conducted by Title IX professionals with experience in Title IX investigations.  Any training materials used to train Title IX Coordinators, Investigators, Decision-Makers, and any person who facilitates an informal resolution process must be posted to the website.

Notification of Nondiscrimination Policy

Schools/districts must notify all applicants for admission or employment, students, parents or legal guardians of K-12 schools, employees, and unions or professional organizations holding collective bargaining agreements that:

  • The school/district does not discriminate on the basis of sex
  • The school/district is required, under Title IX, not to discriminate on the basis of sex
  • This requirement extends to admissions and employment
  • Inquiries may be referred to the school/district Title IX Coordinator, to the Office for Civil Rights, or to both

This information must be “prominently” displayed on the website and in each handbook or catalog that it makes available to persons entitled to notification.

Notification of Grievance Procedures

Schools/districts must provide all applicants for admission or employment, students, parents or legal guardians of K-12 schools, employees, and unions or professional organizations holding collective bargaining agreements with the Title IX grievance procedures and grievance process, including how to report or file a complaint of sex discrimination, how to report or file a formal complaint of sexual harassment, and how the school/district will respond.

Prevention and Preventative Education

All of the school/district educational community needs to know how to report sexual harassment.  The Office for Civil Rights requires schools and districts to provide preventative education for all K-12 staff, students, and parents/guardians that includes:

  • What constitutes sexual harassment under the 2020 Title IX Rule
  • The school/district Title IX policy, grievance procedures, and consequences
  • How to report sexual harassment

2020 Title IX Regulations Regarding Sexual Harassment and Sexual Violence

The 2020 Title IX regulations specify how recipients of Federal financial assistance, including elementary and secondary schools, must respond to allegations of sexual harassment and sexual assault consistent with Title IX’s prohibition against sex discrimination. The 2020 Title IX Regulations went into effect Aug 14, 2020.

Implementing Regulations 

34 C.F.R. Part 106, with preamble (Aug 14, 2020 to the present)

34 C.F.R. Part 106, without preamble (Aug 14, 2020 to the present)

The 2020 Title IX Regulations remain in effect until new regulations are formally released.

Webinar Series

An Overview of the 2020 Title IX Regulations: What They are and Steps to Take

This two-part informational webinar series was delivered virtually Oct 2020, by the Colorado Department of Education (CDE), in collaboration with the Colorado Association of School Boards (CASB).  For more information, or to request a copy of the webinar series, please contact Rebekah Ottenbreit at Ottenbreit_r@cde.state.co.us


Current Federal Guidance and Interpretation of the 2020 Regulations

July 2021, the U.S. Department of Education’s Office for Civil Rights released a Question and Answer document to clarify how the U.S. Office for Civil Rights (OCR) interprets schools’ and districts’ obligations under the 2020 amendments to the Department’s Title IX regulations, including areas in which schools have discretion in their procedures for responding to reports of sexual harassment.  The focus is on questions related to the most recent amendments to the regulations (the 2020 amendments).  The appendix includes sample policies and information on parent/guardian rights.

Other interpretation documents and resources released by the department are listed below.

Proposed Rulemaking

On June 23, 2022, the U.S. Department of Education’s Office for Civil Rights (OCR) released proposed amendments to the Department’s Title IX regulations.  The Department’s Proposed Title IX Rule was published in the Federal Register on July 11, 2022, thus beginning the 61 day public comment period.  The public comment period closed on Sept 12, 2022. Additional information on the proposed rule, includes a summary with background information and a fact sheet.

Until any new regulations go into effect, the 2020 Title IX Regulations remain in effect.

How to Report Sexual Harassment

Reports of sexual harassment should be filed with the individual school or district. A complaint may also be filed with the U.S. Office for Civil Rights. 

The Office for Civil Rights also offers mediation services.  Just select “mediation” on the Office for Civil Rights Complaint Form.