ACSA has once again partnered with F3 Law to provide this training required for all Title IX team members. Training will be facilitated by Jacqueline Litra, a partner with F3 Law and a well-regarded trainer experienced in the area of student and employee discipline, specifically in the area of Title IX.

We asked Litra for five reasons you should be attending this year’s training.

1. It’s the law. Title IX is the 1972 civil rights law that prohibits educational institutions that receive federal funding from discriminating against students and employees “on the basis of sex.” Title IX protects students and employees from discrimination in areas including athletics, employment, discipline and the treatment of LGBTQ+ students. It also protects students and employees from sex-based harassment, which encompasses sexual violence.

Retaliation against anyone for the purpose of interfering with Title IX rights is also prohibited by the law.

2. Title IX has changed. In April, the U.S. Department of Education released highly anticipated amendments to Title IX. Although Title IX has not changed much since 1972, Litra said there have been major revisions in the last four years.

“It is unusual for the regulations implementing Title IX to be revised with the frequency we have seen the past few years,” she said. “Prior to the 2024 revisions under the Biden administration, the Trump administration made revisions that went into effect in 2020.”

The 2024 Title IX Regulations contain several significant changes affecting how school districts and their Title IX coordinators respond to reports of sex discrimination. One is that procedures established in the 2024 Title IX Regulations apply to all types of sex discrimination covered by Title IX, not just specific types of sexual harassment.

“This means the 2024 procedures apply to a much broader scope of conduct than the 2020 procedures,” Litra said. “Beyond sex-based harassment, sex discrimination includes disparate treatment based on sex in all aspects of education programs, such as employment, grading, educational opportunities, discipline, counseling, athletics, etc.”

The 2024 regulations require school districts and their Title IX coordinators to actively monitor programs and activities for sex discrimination, seek out barriers to reporting and take action to address them. The 2024 regulations also expand the training requirements for personnel.

Another change is that school districts can investigate sex discrimination using a single investigator-decisionmaker model. Litra said this means the investigator can now also be the decisionmaker.

“The procedural requirements for complaints are also more streamlined to allow schools to reach determinations more efficiently,” she said. “Hopefully, the new procedures will be less emotionally taxing on the parties as a result.”

The new regulations go into effect on August 1, 2024. However, Litra said the procedures required in the 2020 Title IX Regulations will still apply to allegations of Title IX Sexual Harassment (as defined in the 2020 Title IX Regulations) when the alleged conduct occurred before August 1, 2024.

3. You are a Title IX team member. School districts are required to annually train all employees on Title IX. Additional training is also required for Title IX team members on an annual basis. ACSA’s Title IX Team Compliance Training is designed for Title IX team members who implement the Title IX process. This includes Title IX coordinators, investigators, decisionmakers/appeal decisionmakers, and informal resolution facilitators.

4. It’s comprehensive. This training will address required components under the new Title IX rules including:

• Definition of sexual harassment.
• Scope of education programs and activities.
• How to respond to formal and informal reports of sexual harassment.
• Overview of the policy and grievance procedure requirements, including hearings, appeals, and informal resolution processes.
• How to serve impartially, including by avoiding prejudgment, conflicts of interest, and bias (including implicit bias).
• Issues of relevance to create investigation reports that fairly summarize relevant evidence.
• Issues of relevance of questions and evidence, including when questions and evidence about a complainant’s sexual predisposition or prior sexual behavior are not relevant.

5. It’s online. ACSA is offering this workshop through its Online Learning Center, making compliance with the training requirement accessible to more school districts statewide.

“Access to substantive training is important for consistent implementation of the Title IX process for all team members,” Litra said. “With August being such a busy time of year for school districts, having this course online allows members of the Title IX team to access training quickly and efficiently without needing to travel.”

The two-part training will not be recorded, so all participants must attend the live, online sessions.