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Posting of Training Materials

Filed Under: Training Materials

If a recipient uses non-employee contractors or consultants to provide the training required for Title IX personnel (described in 34 C.F.R. § 106.45(b)(1)(iii)) such that the recipient does not own or control the training materials, is the recipient required to post the training materials on its website?


Yes. Under 34 C.F.R. § 106.45(b)(10)(i)(D), the training materials referred to in 34 C.F.R. § 106.45(b)(1)(iii) must be made publicly available on a recipient’s website, or, if the recipient does 6 not have a website, such materials must be made available upon request for inspection by members of the public. In the Preamble to the Title IX regulations, the Department acknowledges that a recipient may hire outside consultants to provide training for the recipient’s Title IX personnel, and that the materials may be owned by the outside consultant and not by the recipient itself. In such a circumstance, the Department notes, a recipient would need to secure permission from the consultant to publish the training materials, or alternatively, the recipient could create its own training materials over which the recipient has ownership and control. (Preamble at 30412.) OCR provided additional technical assistance regarding the requirement to post training materials in an OCR Blog post.

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