The U.S. Department of Education, Office for Civil Rights, published a Dear Colleague letter on April 24, 2015, reminding all schools receiving Federal financial assistance to designate at least one employee to coordinate their efforts to comply with and carry out their responsibilities under Title IX. The Department published a companion letter directed to Title IX coordinators that provides more information about their responsibilities, along with a resource guide.
Title IX prohibits schools that receive Federal financial assistance from subjecting any person to discrimination on the basis of sex. The regulations issued under Title IX require schools to designate at least on employee to coordinate its Title IX responsibilities. This role cannot be vacant; a school must have someone actively serving in this role at all times.
In the Dear Colleague Letter, the Department states that the Title IX coordinator's primary responsibility is to coordinate the school's compliance with Title IX, including the school's grievance procedures for resolving Title IX complaints. The Title IX coordinator must be informed of all reports and complaints raising Title IX issues, even if the complaint was initially filed with another individual or office. The Title IX coordinator is also responsible for coordinating the school's response to all Title IX complaints. This may include monitoring outcomes, identifying and addressing any patterns, and assessing effects on campus climate.
Proper support for the school's Title IX coordinator is critical in order to be able to effectively coordinate the school's compliance with its Title IX obligations. The Department emphasizes that the Title IX coordinator must have knowledge of the school's policies and procedures on sex discrimination, and should be involved in the drafting and revision of such policies and procedures to ensure that they comply with Title IX. Schools should also provide appropriate training for its Title IX coordinators, which should explain the different facets of Title IX, applicable OCR guidance, and the school's Title IX policies and procedures. The Department recommends that schools provide regular training for their Title IX coordinators as these laws and guidance may change.
The Dear Colleague Letter also highlights each school's obligation to make the role of Title IX coordinator visible to the school community. The school must always notify students and employees of the name, office address, telephone number and email address of its Title IX coordinator. Complete and current information about the school's Title IX coordinator must also be published on the school's website. The OCR encourages schools to create a website page that includes the name and contact information of its Title IX coordinator, relevant Title IX policies and grievance procedures, and other resources related to Title IX compliance and gender equity. A link to this page should be prominently displayed on the school's homepage.
In an interesting development, the Department noted in a footnote that it will begin collecting information about schools' Title IX coordinators from the campus safety and security reports required under the Clery Act. The collection of this information will begin in 2015. This highlights even further the need for all Title IV schools to designate properly trained Title IX coordinators to effectively administer their Title IX responsibilities.
Please contact Chris DeLuca at DeLuca Law LLC if you have questions regarding Title IX compliance.
Please click here for a copy of the Department's Dear Colleague Letter as well as the Title IX Coordinator Resource Guide.
