On May 6th, the U.S. Department of Education released its long-awaited final regulations governing campus sexual assault under Title IX.
Get Inclusive has received questions regarding how these new regulations will affect Title IX training requirements generally, and how our employee and students courses will be modified in response, if at all.
The purpose of this blog post is to answer some of your questions relating to our approach and to share some resources relating to the implications of the new regulations. If you have questions about what’s presented here, please contact us at firstname.lastname@example.org.
Note: This blog was last updated on May 22, 2020. As more information becomes available, we’ll update the following information, as necessary.
Get Inclusive leveraged both internal and external Title IX compliance expertise, including consultations with ATIXA/TNG, to help ensure our approach to any course updates and revisions meet the new requirements.
All new course updates will now be available for assignment by June 15th, 2020. To request a detailed outline of the new course updates, please email us at email@example.com.
To the extent that your institutional policy updates require course changes, we encourage you to share these updates with your Get Inclusive account manager as they become available.
If you are not yet a Get Inclusive partner, but would like to learn more about our Title IX courses, please email us at firstname.lastname@example.org.
How will Get Inclusive’s employee training address the change in scope of mandatory reporters?
Based on feedback from numerous partners, we expect that most campuses will elect to maintain internal policies relating to mandatory reporters (also referred to as “Responsible Employees”). As such, training content and best practices relating to these obligations will continue to be a core learning objective in our employee Title IX courses. We will, however, remove any reference to the source of the obligation.
For institutions that do decide to change their policies to reflect a more narrow scope of reporting obligations, we will offer a more narrowly focused version of our employee Title IX training that instructs on how to handle a student disclosure. Irrespective of any reporting obligation, we know that faculty and staff will continue to receive disclosures. And as we know, mishandling of these disclosures can both create trauma for the reporter, and liability for the institution.
If we update our internal policies, how will this be reflected in Get Inclusive’s training?
Get Inclusive will continue to enable our custom policy upload tool, definitions customizations and policy acknowledgment tracking within our courses. To the extent your institution updates its policies or other information, we can easily update your courses to reflect these new policies.
If our campus narrows the scope of our mandatory reporter policy to exclude a specific population (e.g. faculty), will that population still need to receive Title IX training?
Yes. The requirement to train employees on Title IX has not changed. It may change which course version they receive from Get Inclusive, but the requirement to train has not changed.
Will Get Inclusive enable campuses to post our training online to meet the new posting requirement outlined in section 106.45 (b)(10)(D)?
We are happy to make our training content available to the public on your website. That said, we do not interpret this requirement to extend to our Title IX employee training courses, so while we’re happy to accommodate these requests, we do not believe it’s obligatory to do so. Our interpretation is that the publication requirements relate only to training materials for Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution. Our Title IX employee training is not specifically intended for this audience. But again, we will gladly make our content available for your campus to post online, if requested.
Will Get Inclusive’s student Title IX training be updated?
For both student and employee Title IX courses, we will be presenting the new definitions of sexual harassment under Title IX and any relevant state laws as points of information. These are relatively minor changes, however.
We are, of course, continuing to develop new student courses (mental health & wellbeing, full-length AOD, ongoing/booster content, etc) as well as scenario and content updates to existing courses.
How will Get Inclusive address conflicts between Title IX and state law?
The new Title IX rules represent the floor or minimum requirements. As such, if your state requires more strict rules, for example, the definition of a mandatory reporter (ex. SB212 in Texas), this is not in fact a conflict, as Title IX doesn’t prevent more strict policies or requirements.
If still you believe there’s a viable conflict, see minute 50:00 from this ACE webinar for additional perspective on precedence. Click here to watch.
When will Get Inclusive’s course updates be made available?
June 15th, 2020. For an outline of the new course updates, please email us at email@example.com.
Helpful Resources on Title IX Final Rule:
- Summary of Major Provisions of the Department of Education's Title IX Final Rule (PDF): https://www2.ed.gov/about/offices/list/ocr/docs/titleix-summary.pdf
- Key takeaways from Parker Poe: https://www.jdsupra.com/legalnews/key-initial-takeaways-from-the-u-s-97949/
- UTSA reaffirms commitment to zero tolerance of sexual assault and misconduct: https://www.utsa.edu/today/2020/05/story/titleix-utsa-commitment-safe-campus.html
- ACE Engage Webinar: Discuss the Title IX Final Rule: https://player.vimeo.com/video/417654788
- OCR Webinar: Title IX: An Introduction to the New Regulations: https://www.youtube.com/watch?v=TdfT5R8ibm4&feature=youtu.behttps://www.youtube.com/watch?v=TdfT5R8ibm4&feature=youtu.be
- Ten Things to Know About the New Title IX Regulations (ATIXA): https://cdn.atixa.org/website-media/atixa.org/wp-content/uploads/2020/05/11155019/ATIXA-R3-Webinar-Slides_5.11.20.pdf