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New Required Sample Policy 3421, Title IX and Sex Discrimination
Posted On Thursday October 29, 2020
New required sample policy 3421, Title IX and Sex Discrimination, was developed in response to the United States' Department of Education (US DOE) amending regulations implementing Title IX of the Education Amendments Act of 1972 (Title IX).
This new sample policy addresses complaints of sex discrimination, including sexual harassment, that fall within the scope of Title IX and reflects the new requirements of the amended regulations which, among other things:
- Define sexual harassment;
- Require districts to respond promptly in a manner that is not deliberately indifferent whenever a district has actual knowledge of sexual harassment in an education program or activity of the district against a person in the United States;
- Require districts to treat complainants (persons alleged to have experienced the sexual harassment) and respondents (person alleged to have perpetrated the sexual harassment) equitably;
- Distinguish between “reports” and “formal complaints” of sexual harassment and impose different responsibilities upon districts and processes for each;
- Create a new grievance process for addressing formal complaints of sexual harassment;
- Change requirements related to training, recordkeeping, and policy publication; and
- Require that any provisions, rules, or practices other than those required by regulation that a district adopts as part of its grievance process apply equally to both parties.