Separate But Equal? (Response 8/13/2020)

Filed Under: Single Sex Progams
Question:

With respect to single-sex programs, will OCR permit a postsecondary recipient to offer a separate, but equal equivalent opportunity for the other sex (assuming no single-sex exception is permitted by the regs), or must all opportunities be offered inclusively to all sexes (again, unless an exception permits)?

Answer:

The new Title IX Rule does not affect existing Title IX regulations governing single-sex programs. The Rule does contain a provision that requires a recipient’s rules governing a Title IX sexual harassment grievance process to apply equally to both parties (i.e., complainants and respondents) irrespective of a party’s sex. § 106.45(b). The Rule also cautions recipients that treatment of complainants or respondents during a Title IX sexual harassment grievance process may constitute unlawful sex discrimination. § 106.45(a).

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