2022 Title IX Proposed Regulations

The Notice of Proposed Rulemaking (NPRM) is a public notice from the U.S. Department of Education’s Office for Civil Rights regarding upcoming Title IX regulations and provides an opportunity for written public comment before the final rule is issued. The regulations will modify and/or replace the 2020 regulations, but for now (and likely for many months), the 2020 regulations remain in effect, including training obligations, live hearings, and cross-examination.

ATIXA’s team of experts and thought leaders will continue to provide timely guidance and resources to help Title IX practitioners with understanding the proposed regulations, submitting public comments, and preparing their institutions to implement the final rule once issued.

Regulations Implementation Certification Courses

This full-day course will explore the procedural and substantive elements of the proposed Title IX regulations against the backdrop of ATIXA’s best practices approach for institutional sex-based discrimination and harassment grievance procedures, as well as more specific requirements for non-discrimination on the basis of pregnancy or related conditions. Title IX professionals will leave this course with a solid understanding of the proposed requirements for the various phases of the Title IX Grievance Process; training and reporting; awareness and response requirements for pregnant and parenting students and employees; protections for LGBTQIA+ individuals; and the scope and applicability of Title IX.

Set against these requirements, ATIXA faculty will share their best thinking about the many policy decisions facing Title IX professionals, including how to structure and staff your processes, as well as how to get a handle on specific requirements that might apply to your institution either due to state law requirements or governing court precedent in your state.

This half-day course will explore the procedural and substantive elements of the proposed Title IX regulations against the backdrop of ATIXA’s best practices approach to institutional sex-based discrimination and harassment grievance procedures, as well as more specific requirements for non-discrimination on the basis of pregnancy or related conditions. Title IX professionals will leave this course with a solid understanding of the proposed requirements in the various phases for the Title IX Grievance Process; training and reporting; awareness and response requirements for pregnant and parenting students and employees; protections for LGBTQIA+ individuals; and the scope and applicability of Title IX.

Set against these requirements, ATIXA faculty will share their best thinking about the many policy decisions facing Title IX professionals, including how to structure and staff your grievance processes, as well as how to get a handle on specific requirements that might apply to your institution either due to state law requirements or governing court precedent in your state.

Virtual Event

Time with IX-ATIXA’s Activism: Explaining our Comments on the 2022 Title IX NPRM

September 23, 2022
3:00pm-4:30pm ET
A Members-only Community Event

Join presenters Tanyka M. Barber, M.H.S., J.D., Partner, TNG & Advisory Board Member, ATIXA, Dan Fotoples, J.D., M.A., Senior Content Developer, TNG, Kim Pacelli, M.Ed., J.D., Partner, TNG & Advisory Board Member, ATIXA, & Brett. A. Sokolow, J.D. Chair of the Board, TNG & President, ATIXA in discussing ATIXA’s submitted comments to the Department of Education’s Office for Civil Rights regarding the 2022 Title IX proposed regulations.

This free members-only event will discuss the parts of the proposed regulations we felt should be kept, those which should be amended, and those which should be struck from the final rule. Lending our 9,000 member strong voice to the comments provides a weight along with the depth of knowledge of ATIXA experts to enact change on the federal level.

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On-Demand Recordings

ATIXA experts and TNG Partners Kim Pacelli, M.Ed., J.D., Saundra K. Schuster, J.D., Daniel C. Swinton, J.D., Ed.D., Brett A. Sokolow, J.D., and Joseph Vincent, M.L.S. covered what the NPRM is, the differences and similarities between the 2022 Proposed Regulations and the 2020 Regulations, the public comment process, and much more.

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Tanyka M. Barber, M.H.S., J.D., Kim Pacelli, M. Ed., J.D., & Daniel C. Swinton, J.D., Ed.D. focused specifically on what K-12 schools and districts need to know about the proposed 2022 Title IX Regulations. Learn about the differences and similarities between the current and proposed Regulations, what this means for the upcoming school year, and much more.

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Title IX experts Tanyka M. Barber, M.H.S., J.D., Consultant, TNG & Advisory Board Member ATIXA with ATIXA Vice President Daniel C. Swinton, J.D., Ed.D. offered their thoughts on the 2022 proposed regulations and what steps you can take now to prepare and submit comments on behalf of your institution, school district, or organization. This event provided Title IX practitioners with a step-by-step understanding of the rule-making process, helpful tips for drafting comments that will help OCR staff understand the lived experience of Title IX practitioners, and the impact of the proposed regulations as they prepare the final regulations. We also responded to frequently asked questions about what to do between now and when the final rule is published.

Not a member of ATIXA? Join now to watch this on-demand recording and take advantage of all other NPRM-related resources and more!

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Across campuses and school districts, Title IX protections for pregnant and parenting students include accommodations for those who obtain abortion services. With the recent reversal of Roe v. Wade, many Title IX processes and scenarios are now in question. This members-only event discussed how the law affects your students on campuses and schools and how Title IX professionals can navigate the disparity between these federal laws.

Experts Leah Reynolds, M.S., Ed.D., Consultant, TNG & Advisory Board, ATIXA and Saundra K. Schuster, J.D., Partner, TNG & Co-Founder and Advisory Board Member, ATIXA with special guest Jessica Lee, J.D., Senior Staff Attorney and Director of Pregnant Scholar Initiative, Center for WorkLife Law at UC Hastings College of Law presented on this important and nuanced topic.

Not a member of ATIXA? Join now to watch this on-demand recording and take advantage of all other NPRM-related resources and more!

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ATIXA Resources

ATIXA color logo

ATIXA has issued the attached Title IX Regulations Watch 2022 publication to help practitioners understand the full regulatory process and how to best position themselves and their institutions for compliance when the final regulations are issued.

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Commenting on the NPRM is one of the most important things you and your institution, school, or district can do to engage in the Title IX process. Read a guide to learn how to comment on the proposed regulations to the Office for Civil Rights.

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Going through over 700 pages of the 2022 Title IX Notice of Proposed Rulemaking (NPRM) is a big task. ATIXA is pleased to provide this Table of Contents Guide separated into sections for our members.

Not a member of ATIXA? Join now!

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What is the NPRM?

CATC

Comments must be submitted via the Federal eRulemaking Portal linked below. If you require an accommodation or cannot otherwise submit your comments, please contact Alejandro Reyes, U.S. Department of Education, 400 Maryland Ave. SW, PCP-6125, Washington, DC 20202. Telephone: 202-245-7705. You may also email your questions to T9NPRM@ed.gov. 

The Department will not accept comments by fax or by email, or comments submitted after the comment period closes, which is September 12, 2022. To ensure that the Department does not receive duplicate copies, please submit your comments only once. Additionally, please include the Docket ID at the top of your comments.

Submit Your Comments Now!

The Department of Education Office for Civil Rights has released the Proposed Regulations, read the submitted Federal Register of the 2022 NPRM.

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Read the Department of Education’s Fact Sheet on the 2022 Title IX NPRM.

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Read the Summary of Major Provisions of the Department of Education’s 2022 Title IX Notice of Proposed Rulemaking (NPRM)

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Membership Benefits

Super

$4,999

  • For one-year per Higher Education Institution, K-12 School, or District
  • Access to ATIXA services and products worth up to $20,000, without per-item fees
  • Three (Higher Education) and six (K-12 School/District) complimentary registrations to ATIXA Certification Courses
  • Unlimited institutional users (sub-users) with full access
  • 36 + 20 Minutes to…Trained video modules
  • The ATIXA Title IX Toolkit (TIXKit)
  • VIP Socials at ATIXA Annual Conference and other Hotel-Based Certification Events
  • Access to live webinars
  • ATIXA One Policy, Two Procedures Model Policy and Procedures for Civil Rights Equity Grievance Resolution
  • MaxStack: A Database for Title IX Case Documentation from ATIXA & Maxient*
  • Access to all Regs Rapid Response (R3) packages (Policy, Coordinator, K-12, and Hearing Officer)
  • And more!

Institutional

$2,499

  • For one-year per Higher Education Institution, K-12 School, or District
  • Unlimited institutional users (sub-users) with full access
  • Electronic version of The ATIXA Playbook (under revision for 2020)
  • Eight 20 Minutes to…Trained video modules
  • Access to the OCR Investigation Finding Letter Database
  • And more!

Individual

$599

  • For one-year per Individual
  • Access to professional listserv
  • The most comprehensive Title IX library in the world
  • Five 20-Minutes-to...Trained Video Modules
  • Weekly newsletters
  • Mentor Match
  • And more!