Separate But Equal? (Response 8/13/2020)
Single Sex Progams
With respect to single-sex programs, will OCR permit a postsecondary recipient to offer a separate, but equal equivalent opportunity for the other sex (assuming no single-sex exception is permitted by the regs), or must all opportunities be offered inclusively to all sexes (again, unless an exception permits)?
The new Title IX Rule does not affect existing Title IX regulations governing single-sex programs. The Rule does contain a provision that requires a recipient’s rules governing a Title IX sexual harassment grievance process to apply equally to both parties (i.e., complainants and respondents) irrespective of a party’s sex. § 106.45(b). The Rule also cautions recipients that treatment of complainants or respondents during a Title IX sexual harassment grievance process may constitute unlawful sex discrimination. § 106.45(a).