Filed Under: Final Rule
The regs are not retroactive. If a student reports an incident that occurred on April 20, 2024, in 2027, is it correct that OCR will expect the 2027 resolution to take place in alignment with the 2020 regulation?
As explained in the preamble to the 2024 Title IX regulations, 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.