Filed Under: Supportive Measures
If we are providing supportive measures on August 2, 2024, for an incident that happened in May of 2024, with no associated complaint, would recipients be bound to allow a challenge of the supportive measures?
The preamble to the 2024 Title IX regulations makes clear that the 2024 Title IX regulations take effect on August 1, 2024, and apply only to sex discrimination that allegedly occurs on or after August 1, 2024, regardless of when the alleged sex discrimination is reported. As with the 2020 Title IX regulations, the 2024 Title IX regulations do not have retroactive effect because federal agencies authorized by statute to promulgate regulations may only create regulations with retroactive effect when the authorizing statute has expressly granted such authority. Title IX contains no such express grant of authority. See 89 FR 33841.
Therefore, a recipient would not be required to allow a party to challenge supportive measures that are provided for an incident that occurred in May 2024 as this predates the effective date of the 2024 Title IX regulations and there is no such requirement under the 2020 Title IX regulations.