Title IX News

August 1, 2024

Legal challenges to the 2024 Title IX regulations continue, and more states and specific schools are being impacted by federal court-ordered injunctions. The University of Washington is one of the many schools blocked from implementing the regulations on August 1 as planned. We are closely monitoring the legal landscape, and if the injunction is lifted, the University will be ready to proceed with implementation. In the meantime, the 2020 Title IX regulations remain in effect. 

The current lawsuits primarily focus on the protections for gender identity and sexual orientation that have been added to the 2024 Title IX regulations. We want to emphasize that the University of Washington’s policies already protect LGBTQ+ members of our community from discrimination and harassment. It is also our interpretation that to the extent LGBTQ+ discrimination commonly focuses on sex stereotypes and sex characteristics, that behavior is already prohibited under Title IX and will continue to be.   

University students, employees, or other community members who experience these forms of discrimination or harassment, in addition to any forms of sex- and gender-based violence, harassment, and discrimination, are encouraged to make a report using the online Title IX reporting form or email the Title IX Office at titleix@uw.edu or call 206-221-7932.

While the uncertainty with the 2024 regulations is unsettling, and the controversy is distressing to many in our community, the injunction does not keep us from preventing and addressing sex discrimination and harassment, or proceeding with many of our planned improvements, including:

• Alternative resolution options for students
• Expanded training content
• Improved systems for supporting students experiencing pregnancy or related conditions
• Published timelines for investigations and hearings, and increased transparency around grievance procedures
• Increased clarity around which employees are required to notify the Title IX Office of sex- or gender-based discrimination, harassment, or violence.

Additional communication to students and employees will occur in the fall, and information and updates will be provided on the Office of the Title IX Coordinator website.

July 17, 2024

A temporary injunction preventing the federal government from enforcing the 2024 Title IX regulations has been expanded to include the University of Washington. At present, 14 states and hundreds of individual schools, colleges and universities in states across the nation are included in the injunction, which effectively prevents the Department of Education’s 2024 Title IX regulations from taking effect in those states and at those schools as planned on August 1. Additional rulings are expected within the coming weeks to clarify the scope of the injunction. 

The new regulations expand protections for LGBTQIA+ students and would have required more faculty, staff and student employees to report sex discrimination and sex-based harassment to the Title IX Office.

In response to the injunction, the UW will pause any changes to Executive Orders or the Student Conduct Code and maintain current policies and grievance procedures, which are compliant with the 2020 Title IX regulations. The University will proceed with operational improvements that are informed by best practices and supported by both the 2020 and 2024 regulations, and will remain poised to implement the 2024 regulations when or if the injunction is lifted.  

“While the current regulatory landscape is uncertain and evolving, these developments do not diminish our responsibility nor limit our ability to prevent and address sex discrimination and sex-based harassment,” said Title IX Coordinator Valery Richardson. “More importantly, it does not change our commitment to maintaining a community that is free from discrimination, harassment and violence.” 

If you want to learn more about the existing UW resources available to students and employees who are impacted by sexual harassment, relationship violence, stalking and sexual assault, visit the Survivor Resources page.  

For more information, you can visit the Office of the Title IX Coordinator website. 

April 26, 2024 

The U.S. Department of Education released the long-awaited final Title IX regulations on Friday, April 19. The new regulations will go into effect on August 1, 2024.

While the final regulations have maintained most of the elements from the proposed regulations, they also include some notable changes. A UW work group is currently analyzing the over 1,500-page preamble and regulations and will continue to collaborate with University partners and stakeholders to gather input, identify the necessary changes to policy and practice, and seek guidance from the Title IX Steering Committee and other University leaders.

Among other things, the regulations include requirements and clarify the University’s obligation to:

• Prevent and address all sex discrimination, including discrimination based on sexual orientation, gender identity, and pregnancy status.
• Prevent and address sex-based harassment, which is a subset of sex discrimination and includes sexual assault, relationship violence, stalking, hostile environment harassment, and quid pro quo harassment.
• Require more employees to inform the Title IX Office of instances of sex discrimination.
• Provide supportive measures for individuals impacted by sex discrimination.
• Provide grievance procedures for complaints of sex discrimination, including some required and some optional process steps.
• Protect educational access for students experiencing pregnancy and related conditions.
• Ensure all employees complete annual Title IX training.

More information will be provided to the UW community in the coming months, and training and websites will be updated in advance of the autumn quarter. For additional details and analysis, review the Department of Education’s overview and summary of major provisions. You are invited to share any insights or feedback with the Title IX Office at titleix@uw.edu.

October 30, 2023

Message to UW Students

Dear UW Students,

Title IX and other federal and state laws prohibit all forms of sex- and gender-based discrimination. Sex- and gender-based discrimination includes sexual harassment, relationship violence, stalking, sexual exploitation, and sexual assault. Title IX also prohibits discrimination based on sexual orientation, gender, gender identity or expression, and pregnancy and related conditions.

How can the UW Title IX Office help?

Title IX case managers in the Office of the Title IX Coordinator will:

• provide information, resources, and options to individuals who experience sex- and gender-based violence, harassment, and discrimination; they can help you support a friend, too.
• help implement supportive measures – like changes in class schedules or mutual restrictions on communication between two individuals.
• explain the formal complaint option, which is a request for the university to investigate prohibited conduct, and discuss how an investigation will progress and what to expect.
• assist students who are pregnant or experiencing related conditions get support and reasonable adjustments to ensure they are not denied or limited access to their classes or related activities.

How do I get information and support from Title IX?

Starting this year, students can submit online reports directly to the Title IX Office. When submitting a report, students can choose to remain anonymous and/or not share their own or others’ names to protect an individual’s identity. Learn more about how to make a report and what happens after you submit a report on the Title IX “Make a Report” page.

Consider seeking confidential support.

The Office of the Title IX Coordinator strives to protect the privacy of individuals involved in Title IX-related matters but is not a confidential resource. If you have experienced sexual assault, relationship violence, stalking, or sexual harassment, and are seeking confidential support, consider contacting a university confidential advocate before submitting an online Title IX report.

Lastly, we are awaiting new Title IX regulations from the U.S. Department of Education. When those regulations are finalized, information will be available on the UW’s Title IX website. Have an excellent year and thank you for working with us to provide inclusive, welcoming communities for all UW students.

Sincerely,

Valery Richardson
Title IX Coordinator – University of Washington

Mentha Hynes-Wilson
Vice Chancellor for Student Affairs – Tacoma Campus

Denzil Suite
Vice President for Student Life – Seattle Campus

Tim Wilson
Dean of Student Affairs – Bothell Campus

May 30, 2023

The much-anticipated release of the new Title IX regulations has been postponed. The U.S. Department of Education announced in its blog on May 26 that the target for the final rule has shifted from May to October 2023. The Department cited the significant number of comments they received on the proposed Title IX rules as a reason for the adjusted timeline.

The final rules regarding the sex-related eligibility criteria for male and female athletic teams are also anticipated in October 2023.

October 21, 2022

Message to UW Students About Title IX Rights and Resources

Dear UW Students,

We’re contacting you with information about Title IX, a federal gender equity law that prohibits discrimination based on sex or gender.

As a UW student, there are a number of reasons why Title IX may matter to you:

• You are seeking information about how to support a colleague, student or friend who has experienced sex- and gender-based violence or harassment. Sex- and gender-based violence and harassment can include relationship violence, stalking, sexual harassment, sexual exploitation and sexual assault.
• You have experienced sex- or gender-based violence, harassment or discrimination and want to learn about available support resources and/or reporting options.
• You are interested in prevention education and training, including the Husky Prevention and Response course for new students.
• You are pregnant and want to know more about the support and protections that are available.

We also want to share a copy of the inaugural Title IX annual report. Students advocated for the development of this report and provided input on what content to include. You can find the report on the Title IX annual report webpage.

Lastly, you may be aware that the U.S. Department of Education has proposed new Title IX regulations that will impact how institutions respond to sex- and gender-based violence, harassment and discrimination. The UW’s detailed response to the proposed rules is posted on the Title IX website. We do not know when the final regulations will be issued, but we will alert the UW community when that occurs.

If you have questions or would like additional information, please reach out to the Office of the Title IX Coordinator at titleix@uw.edu. Thank you for working with us and with each other to build an inclusive community that treats every member with dignity, fairness and respect.

Sincerely,

 

Valery Richardson
Title IX Coordinator – University of Washington

Mentha Hynes-Wilson
Vice Chancellor for Student Affairs – Tacoma Campus

Denzil Suite
Vice President for Student Life – Seattle Campus

Tim Wilson
Dean of Student Affairs – Bothell Campus

October 12, 2022

During a time when access to the full range of reproductive health care options is changing in the national landscape, the U.S. Department of Education’s Office for Civil Rights released the Discrimination Based on Pregnancy and Related Conditions fact resource. This resource emphasizes and clarifies universities’ existing Title IX obligations to protect students and employees who are pregnant, give birth, or experience the loss or termination of a pregnancy.

Title IX’s goal is to ensure persons who are pregnant or experiencing pregnancy-related conditions are not denied or limited in their access to an educational program or activity. Thus, Title IX aims to help pregnant students remain in school, help pregnant employees remain at work, and/or ensure someone who recently gave birth–or who experienced the loss or termination of a pregnancy– can return to school or work.

The fact resource includes information pertinent to students, employees, and employment applicants, and discusses:

• The prohibition of discrimination and/or exclusion based on pregnancy or related conditions
• The obligation to treat pregnancy and related conditions the same as any other temporary disability
• The requirement to provide leaves of absence for students and employees
• The option to file a complaint through a school’s grievance procedures or the Office for Civil Rights

If you are a student seeking support or accommodations for pregnancy or related conditions, you are encouraged to work directly with your instructors and/or the Disability Resources for Students (DRS) office for your campus (Bothell DRS, Seattle DRS, Tacoma DRS). If you are an instructor, you have the responsibility and authority to make a variety of reasonable adjustments or modifications without requiring a student to work with Disability Resources for Students. If you are an employee seeking support or accommodations, you are encouraged to review the UW HR Pregnancy accommodation website and contact the Disability Services Office with questions.

To learn more about support, protections, and/or accommodations under Title IX and other federal and state laws visit the Pregnancy & related conditions page on the UW Office of the Title IX Coordinators website.

September 12, 2022

The U.S. Department of Education posted proposed Title IX regulations in the Federal Register on July 12, 2022. The University of Washington submitted a detailed response, which includes a letter from President Cauce and specific feedback based on the Office of the Title IX Coordinator’s analysis and input received from partners across the UW.

Additional updates will be posted here as we learn more about the Department’s response to comments it receives, any additional proposed rules–as the Department noted additional proposed rulemaking regarding Title IX and athletics would be forthcoming–and any final Title IX regulations.

 

July 12, 2022

The U.S. Department of Education posted proposed Title IX regulations on June 23, 2022, which were published in the Federal Register on July 12, 2022. A 60-day notice and comment period is now underway, with comments due to the Department of Education on or before September 12, 2022.

The Notice of Proposed Rulemaking (NPRM) aims to actualize Title IX’s goals of preventing sex discrimination in education and ensuring that all students are able to access equal educational opportunities. The NPRM broadens the definition of sex discrimination to include discrimination based on sex stereotypes, sexual orientation, gender identity, and pregnancy status as well as discrimination due to sex- and gender-based violence. As such, the NPRM codifies protection for LGBTQI+ and pregnant students and employees. Further, the NPRM reiterates the Department of Education’s commitment to requiring that schools promptly respond to all complaints of sex discrimination through a fair process that treats complainants and respondents equitably.

The University is conducting a full analysis of the proposed regulations and their potential impact on UW processes and protocols. Based on initial analysis, some of the NPRM’s most impactful changes include: 

• More UW employees will be required to take action and report any time they learn that someone has potentially experienced sex discrimination;
• The broader definition of “sex discrimination” will lead to more complaints of alleged behaviors being addressed under a Title IX framework at UW, though the grievance procedure will be less prescriptive than was required by the 2020 federal Title IX regulations;
• UW’s provision of modifications and accommodations for pregnant students and employees will likely be expanded.

As a member of the University community, we welcome anything you’d like us to consider as we prepare content for a UW institutional response to the NPRM. If you’d like to provide input, please email that to titleix@uw.edu. Additionally, any individual can provide their own feedback to the Department of Education. Instructions for how to do so are in the published NPRM.