Title IX legal Updates

AI Summary of the following legal decisions (See files below) regarding Title IX
Based on the provided documents, here are the key impacts on higher education employees in Massachusetts:

  1. Return to 2020 Title IX Rule:
    • Due to the January 9, 2025 court decision that vacated the 2024 Title IX Rule nationwide, institutions must now enforce Title IX under the 2020 Rule provisions
    • This affects how sexual harassment is defined, procedural protections, and reporting processes
    1. Policy Changes:
      • Massachusetts Community Colleges will reinstate their 2021 Policy on Affirmative Action, Equal Opportunity and Diversity (PAA)
      • This replaces the 2024 PAA to comply with requirements under the 2020 Title IX Final Rule
      1. Continued State-Level Protections:
        • Despite changes to federal rules, Massachusetts state law continues to prohibit discrimination based on:
          • Gender identity
          • Gender expression
          • Sex stereotypes
          • Sex characteristics
          • Sexual orientation
        1. Investigation Procedures:
          • Any open Title IX investigations that were initiated under the 2024 Rule must be reevaluated to ensure consistency with the 2020 Rule requirements
          • Institutions must follow the pre-existing regulations outlined in 34 C.F.R. 106
            This means employees must adjust their practices to comply with the 2020 Rule while maintaining state-level protections against discrimination, essentially creating a dual system of protections at both the federal and state levels.

        Supporting documentation