Filed Under: Training Materials
Since the regs are retroactive, are recipients required to post the most current training materials used for compliance with the 2020 regulations on their websites, if they have one, in perpetuity? If not, when can it be removed?
First, to clarify, the 2024 Title IX regulations are not retroactive. See, e.g., 89 FR 33482. Further, as explained in the preamble to the 2024 Title IX regulations, the Department has removed the requirement that recipients make training materials publicly available on its website and replaced it with a requirement that recipients to make training materials available upon request for inspection by members of the public. See, e.g., 89 FR 33557. Therefore, on and after the effective date of the 2024 Title IX regulations, a recipient will not be required to post any training materials publicly on its website. However, under § 106.8(f)(3) a recipient must maintain for a period of at least seven years all materials used to provide training under § 106.8(d) of the 2024 Title IX regulations and make these training materials available upon request for inspection by members of the public.