Campus Sexual Harassment: Title IX Training Requirements

Final regulations that the Department of Education (ED) published in 2020 under Title IX of the Education Amendments of 1972 impose highly prescriptive requirements for addressing sexual harassment allegations that fall under Title IX’s jurisdiction. They represent a major shift from prior administrative guidance on Title IX enforcement.

The requirements include specific training mandates for institutional personnel charged with responding to the allegations.

United Educators (UE) created this publication to help members understand and meet Title IX training obligations.

Note: The Violence Against Women Reauthorization Act of 2013 (VAWA), which applies only to higher ed institutions, imposes training requirements for employees and students regarding various forms of sexual misconduct. While these overlap with Title IX training requirements to some extent, they aren’t identical. Higher education institutions must comply with both sets of requirements. Furthermore, many higher ed and K-12 institutions must satisfy state or local laws mandating training on sexual misconduct, such as prevention and reporting of sexual abuse of minors. And an increasing number of states, including Michigan, Minnesota, and New York, have created specific training requirements aimed at preventing sexual harassment on college campuses. To help your institution comply with all training obligations, consult experienced legal counsel.

• It’s important to train Title IX coordinators, investigators, decision-makers, and informal resolution facilitators on the definition of sexual harassment; the scope of your institution’s education programs subject to Title IX; how to conduct an investigation and your institution’s grievance process; and how to serve impartially, avoiding bias, conflicts of interest, and stereotypes.
• At a minimum, train students on the narrowed definition of sexual harassment under Title IX; the Title IX process; how and where to report; and alternative processes for non-Title IX matters.