2020 and 2024 Upcoming Certification Courses

The 2024 Regulations bring significant changes, granting Recipients more discretion in structuring their Title IX complaint resolution process. The scope of sex discrimination is further clarified, and Recipient jurisdiction is expanded to cover behaviors within the Recipient’s disciplinary authority, as well as the downstream effects of out-of-program conduct. The 2024 Regulations also place greater emphasis on training all employees on Title IX obligations, including reporting and information-sharing responsibilities. Additionally, they introduce specific requirements for supporting individuals who are pregnant or experiencing related conditions.

Understanding the 2020 regulatory compliance requirements is crucial for all Title IX practitioners. Due to the non-retroactive nature of the 2024 Regulations, ATIXA will continue to offer training and resources specific to the 2020 Regulations. You can access 2020-compliant trainings, 2024-compliant trainings, or both, as needed. ATIXA is committed to supporting you through these evolving times, regardless of which regulatory framework (2020 or 2024) applies. We especially encourage those new to the Title IX field or transitioning roles, especially in states with injunctions against enforcement of the 2024 Regulations, to enroll in a 2020 course now. A refresher is highly recommended if it’s been over a year since your last ATIXA training. Additionally, frequent turnover in the field often leads to gaps in staffing the Title IX Coordinator role. If your institution’s Coordinator role has had a recent lapse in coverage, sending a team member to a 2020 Regulations course will ensure compliance with the appropriate framework for incidents occurring within the 2020-2024 timeframe.

Practitioners in states that are not anticipating an injunction against the 2024 Regulations and those who want to prepare for potential implementation of the 2024 Regulations. Many of ATIXA’s trainings are applicable to both the 2020 and 2024 Regulations.

The 2020 Regulations cover any incidents of Sexual Harassment (as defined by Section 106.30) occurring before August 1, 2024. Incidents of Sex Discrimination that are not Sexual Harassment may be resolved by either the process in place for Sex Discrimination allegations at the time of the incident or at the time of the complaint.

Incidents of Sex Discrimination, including Sex-Based Harassment and Retaliation, occurring on or after August 1, 2024.

For those in states affected by the injunctions, it’s important to note that any plans to move away from live hearings or to a model where your Investigator or Coordinator is also your Decision-maker may be disrupted. This change may not happen in the short term or at all.

Please consult your legal counsel. ATIXA’s position is that Title IX has long protected sexual orientation and gender identity to the extent that such forms of discrimination typically rely on sex stereotypes or characteristics. In that sense, the 2024 Regulations were not so much an expansion of Title IX as a clarification of its scope. However, this interpretation may continue to conflict with some state laws, so you must engage your attorneys regarding the implications, risks, and go-forward plans. Complying with state law could still get you sued under Title IX whether or not the 2024 Regulations go into effect. If you cannot prepare to comply with the 2024 Regulations in advance, you still may benefit from having a plan for implementing training, policies, and procedures as quickly as possible if you need to do so. Stay informed and prepared by viewing ATIXA’s 2024 Title IX Regulations Injunction Tracker.

Under the assumption that the 2024 Regulations may not take effect on August 1, if at all, the existing need for Resolution Support Services (RSS) remains. This means that under the 2020 Regulations, live hearings and separate investigations will still be required. Many institutions may benefit from hiring external consultants like TNG Consulting (ATIXA’s parent company). We have a deep bench of expert consultants and partners to manage live hearings, investigations, and decision-making for you.

If your existing need requires more comprehensive complaint resolution, TNG offers The FAIR Center—a wraparound solution to support institutions with case management, investigations, resolutions (formal and informal), and comprehensive interim staffing for all your office and team needs. With TNG’s expertise, you can be confident that your complaint resolution process will exemplify professionalism and fairness. The uncertainty in the field will prompt schools and institutions to consider both RSS and The FAIR Center when making staffing decisions.