Filed Under: Timeline Clarification
It seems nonsensical to require the policy updates by August 1 and then all training by then as well on new policy that has just been finalized/published. Some grace period/safe harbor would be much appreciated between effective date of policy and training of all who need to be trained, as has been past practice. Can OCR offer a grace period of some kind for training requirements, especially for ten-month or other limited employees who are not available for training in July or August?
Section 106.8(d) states that training of employees under Title IX must take place “promptly upon hiring or change of position that alters their duties under Title IX or this part, and annually thereafter.” The Department recognized in the preamble to the 2024 Title IX regulations that “the requirement to train all employees serves the important purpose of ensuring that all employees understand their role in the recipient’s compliance with its Title IX obligations and understand their responsibilities when they obtain information about conduct that may reasonably constitute sex discrimination under Title IX.” 89 FR 33550; see also 89 FR 33549 (“The requirement to conduct training promptly upon hiring or change of position and on an annual basis thereafter preserves flexibility for recipients to comply with this provision while also ensuring that all persons who require training remain informed of their obligations and responsibilities under Title IX.”).
The 2024 Title IX regulations take effect on August 1, 2024, and apply to sex discrimination that allegedly occurred on or after August 1, 2024. Thus, the training requirements in § 106.8(d) of the 2024 Title IX regulations do not take effect until August 1, 2024. Although the 2024 Title IX regulations do not require training to be completed by August 1, 2024, a recipient’s obligations to comply with the 2024 Title IX regulations when responding to sex discrimination that allegedly occurs on or after August 1, 2024, begin on August 1.