{"id":629,"date":"2023-12-12T09:55:28","date_gmt":"2023-12-12T15:55:28","guid":{"rendered":"https:\/\/wp.uthscsa.edu\/title-ix-ada\/?page_id=629"},"modified":"2024-05-13T14:00:28","modified_gmt":"2024-05-13T19:00:28","slug":"federal-law-and-title-ix","status":"publish","type":"page","link":"https:\/\/wp.uthscsa.edu\/oess\/title-ix\/federal-law-and-title-ix\/","title":{"rendered":"Federal Law"},"content":{"rendered":"

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Title IX Final Rule Released<\/p>\n

On April 19, 2024, the U.S. Department of Education (ED) released its Title IX Final Rule<\/a>. Please click here<\/a> to review a summary of major provisions of the ED’s 2024 TIX Final Rule. Notable provisions include expanding the definition of sexual harassment and prohibition of all forms of sex discrimination.<\/p>\n

EEOC Issues Proposed Rule to Implement the Pregnant Workers Fairness Act<\/p>\n

On August 07, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued a Notice of Proposed Rulemaking (NPRM) to implement the Pregnant Workers Fairness Act (PWFA). The NPRM was\u00a0posted by the Federal Register for public inspection<\/a>\u00a0and will be published for public comment in the Federal Register on August 11, 2023. Members of the public wishing to comment on the NPRM will have 60 days from the date of publication to do so through\u00a0www.regulations.gov<\/a>.<\/p>\n

New LGBTQI Student Resource Toolkit<\/p>\n

On June 20, 2023, the U.S. Department of Education (ED) released an LGBTQI Student Resource Toolkit for creating inclusive and nondiscriminatory school environments for the LGBTQI student population. The toolkit provides facts, resources, and additional links from the ED, CDC, and the DOJ. Click here<\/a>\u00a0to access the resource toolkit.<\/p>\n

Notice of Proposed Rulemaking \u2013 Title IX Regulations on Students\u2019 Eligibility for Athletic Teams<\/p>\n

On April 6, 2023, the U.S. Department of Education\u2019s Office for Civil Rights released the proposed change to its Title X Regulations on students\u2019 eligibility for athletic teams. The unofficial version of the proposed regulation is available here<\/a>\u00a0and will be open for for public comment for 30 days from the date of publication in the Federal Register.\u00a0Please go to\u00a0http:\/\/www.regulations.gov<\/a>\u00a0to submit your comments electronically. Information on using http:\/\/www.regulations.gov, including instructions for finding a rule on the site and submitting comments, is available on the site under \u201cFAQ<\/a>.\u201d<\/p>\n

PUMP Act<\/p>\n

On December 29, 2022, President Biden signed the Consolidated Appropriations Act, 2023 into law. The law included the Providing Urgent Maternal Protections for Nursing Mothers Act (\u201cPUMP Act\u201d), which extends to more nursing employees the rights to receive break time to pump and a private place to pump at work and may impact some of the other information provided below. Review DOL\u2019s\u00a0fact sheet<\/a>\u00a0regarding FLSA protections for employees to pump breast milk at work.<\/p>\n

New OCR Resource: Discrimination Based on Pregnancy and Related Conditions<\/p>\n

On October 4, 2022, the U.S. Department of Education\u2019s Office for Civil Rights released a resource designed to remind school communities, including students, faculty, families, and educators, that Title IX of the Education Amendments of 1972 protects students and employees from discrimination based on pregnancy and related conditions. The regulations make clear that Title IX protects students and employees from discrimination based on pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom, and the resource discusses issues such as discrimination and exclusion, medical and other benefits and services, leave policies, and more. Click here<\/a>\u00a0to access the resource document.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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Notice of Proposed Rulemaking \u2013 Title IX of the Education Amendments of 1972<\/p>\n

On June 23, 2022, the U.S. Department of Education released its proposed amendments to regulations implementing Title IX of the Education Amendments of 1972. You can review the proposed regulations by clicking\u00a0here<\/a>.<\/p>\n

Supporting Intersex Students Fact Sheet<\/p>\n

In October, 2021, the U.S. Department of Education\u2019s Office for Civil Rights released a \u201cSupporting Intersex Students\u201d\u00a0fact-sheet<\/a>, with relevant issues that can apply and resources supporting this student population. For OCR\u2019s resource library and handouts for supporting the LBGTQI+ student community, please visit\u00a0here<\/a>.<\/p>\n

Updated Guidance Regarding Use of Statements by Parties and Witnesses<\/p>\n

On August 24, 2021, the U.S. Department of Education\u2019s Office for Civil Rights issued guidance regarding the Department of Education\u2019s regulations implementing Title IX of the Education Amendments of 1972 (as amended in 2020) and a federal district court\u2019s decision in Victim Rights Law Center et al. v. Cardona, No. 1:20-cv-11104, 2021 WL 3185743 (D. Mass. July 28, 2021). The ruling vacated a provision restricting postsecondary schools\u2019 use of statements by parties and witnesses. Click\u00a0here<\/a>\u00a0to read the DOE\/OCR guidance.<\/p>\n

Questions and Answers on the Title IX Regulations on Sexual Harassment<\/p>\n

On July 20, 2021, the U.S. Department of Education\u2019s Office for Civil Rights released it\u2019s Title IX Q&As regarding Title IX Regulations on Sexual Harassment. Click\u00a0here<\/a>\u00a0to read the document in its entirety.<\/p>\n

Notice of Interpretation<\/p>\n

On June 16, 2021, the U.S. Department of Education\u2019s Office for Civil Rights issued a Notice of Interpretation explaining that it will enforce Title IX\u2019s prohibition on discrimination on the basis of sex to include: (1) discrimination based on sexual orientation; and (2) discrimination based on gender identity. Click\u00a0here<\/a>\u00a0to learn more.<\/p>\n

Executive Order 14021<\/p>\n

On March 8, 2021, the Biden Administration issued Executive Order 14021 \u2013 Guaranteeing an Educational Environment Free From Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity. Click\u00a0here<\/a>\u00a0to learn more about EO 14021.<\/p>\n

Executive Order 13988<\/p>\n

On January 20, 2021, the Biden Administration issued Executive Order 13988 \u2013 Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation. Click\u00a0here<\/a>\u00a0to learn more about EO 13988.<\/p>\n

Title IX Regulations<\/p>\n

On May 6, 2020, the U.S. Department of Education issued new Title IX regulations that took effect on August 14, 2020. UT Health San Antonio, as a recipient of federal funding, is required to abide by all of these regulations which carry the force of law. Click here<\/a>\u00a0for FAQ\u2019s regarding the Title IX regulations.<\/p>\n

Title IX Training Materials<\/p>\n

Title IX regulations require all training materials used to train Title IX Coordinators, investigators, decision-makers, and any facilitator involved in an informal resolution process, be made publicly available on the university\u2019s website. In accordance with \u00a734 CFR Part 106.45(b)(10), the applicable Title IX personnel training materials can accessed\u00a0here<\/a>\u00a0or by visiting the Title IX home page and clicking on the corresponding box located near the bottom right of the page.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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