2024 Title IX Regulations and Upcoming Policy Changes

On April 19, 2024 the Biden administration released their long awaited changes to federal Title IX regulations which will require institutions of education across the county to update their policies no later than August 1st, 2024. The College is working on a major overhaul of our Civil Rights and Title IX policies and procedures which will comply with these updates. These proposed changes are available for review here, and the Office for Civil Rights and Title IX is seeking community feedback on these proposals through July 1. We will post a final version of the updated policy for a 30-day review at the start of Block 1 and will implement the new policy in Block 2.

There are numerous changes that the 2024 Regulations for Title IX require to be made by August 1, 2024. The following is a summary of those changes. These changes will be incorporated into our existing policies between August 1, 2024, and the role out of our new policies in Block 2.  

Application: Sexual harassment which occurs outside of the College's educational program or activity, or which occurs outside of the United States, yet contributes to the creation of a hostile environment on campus will be covered by the College's Title IX Grievance Procedures.  

Scope: “Sex Discrimination” will now refer to all forms of sex and gender discrimination, including discrimination based on sex stereotypes, sex characteristics, pregnancy, sexual orientation, and gender identity. This will include preventing a person from engaging in college programs or activities consistent with their gender identity or limiting a person’s access to educational programs or activities due to a pregnancy or pregnancy related condition.  

Definitions: Hostile environment harassment will be redefined to “unwelcome, sex-based conduct, that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to attend or work at Colorado College.” 

Training: All employees must take part in annual trainings on policy, prohibited conduct, and reporting obligations. 

Duty to Act: Allegations of conduct which may constitute sex discrimination must be investigated under the same procedures as allegations of sexual harassment or sexual misconduct.  

Monitoring: Title IX office must monitor for barriers to reporting at Colorado College and must take steps to address any barrier. 

Complaints Initiated by the Title IX Coordinator: The circumstances under which the Office for Civil Rights and Title IX may start an investigation against the wishes of a complainant will be limited to instances where there is a health or safety risk to one or more members of the Colorado College community, or the alleged conduct prevents Colorado College from ensuring equal access to an education or employment.  

Emergency Removal: Colorado College may remove an individual from campus pending the outcome of an investigation if it “determines that an imminent and serious threat to the health or safety of a complainant or any student, employee or other person.”  This includes serious threats to mental health, not just physical health and safety. The College will continue to use a threat assessment team to evaluate the seriousness of the threat and implement less restrictive interim measures when available to mitigate any potential threats. 

General Procedures: There will be no more “Mandatory Dismissals” out of Title IX processes, however, the College may choose to dismiss a complaint for failing to allege a violation of policy, when the respondent is no longer under the control of the College, or when special circumstances prevent the College from conducting a thorough investigation. 

Colorado College must set out “reasonably prompt timeframes for all major stages” of the process. 

Colorado College must take reasonable steps to prevent and address unauthorized disclosure of information and evidence obtained through the investigation. 

Supportive Measures: Colorado College will offer supportive measures to all parties involved in a formal or informal resolution process equally. 

Upon being informed of a need for accommodation related to pregnancy, employees must promptly provide the individual requesting an accommodation with the contact information for the Office for Civil Rights and Title IX and inform them that the Office for Civil Rights and Title IX is responsible for coordinating any pregnancy related accommodations. Colorado College has specific duties to provide information on resources, allow academic and work modifications, allow for voluntary leave, and provide lactation spaces.