On May 6, 2020, the U.S. Department of Education released its final Title IX regulations, amending previous regulations, most significantly about sexual harassment in education programs or activities. You can access a bookmarked PDF of the regulation.  This federal regulation has limited the scope of what constitutes prohibited sexual harassment under Title IX. It raised the bar for what would previously be called “hostile environment” sexual harassment to be unwelcome sexual conduct that is severe, pervasive, and objectively offensive. Federal regulation sexual harassment now explicitly includes sexual assault, stalking, and dating/domestic violence, all as defined by the FBI. Further, the federal regulation sexual harassment encompasses only those incidents that occur on campus, in student organization houses (i.e., fraternities and sororities), and potentially off-campus school-sponsored programs or activities that occur in the United States.

Many reports of sexual misconduct to the university fall outside of these parameters. However, all conduct of a sexual nature that previously constituted a violation of university policy will continue to constitute a violation of university policy. Such conduct may now be adjudicated under one of three different grievance procedures.
1.    The Federal Regulation Sexual Harassment Policies address sexual misconduct that falls within the U.S. Department of Education’s Title IX regulations. The policy is found as an Amendment to the Code of Student Conduct to address students and as an Amendment to the Equal Opportunity/Anti-Discrimination Policy to address employees. This policy is limited in its jurisdiction.
2.    Sexual misconduct involving students that does not fall within the scope of the U.S. Department of Education’s Title IX regulations is addressed, as before, by the Code of Student Conduct.
3.    Sexual misconduct involving employees that does not fall within the scope of the U.S. Department of Education’s Title IX regulations is addressed, as before, by the Equal Opportunity/Anti-Discrimination Policy.
As required by the final regulations, the Federal Regulation Sexual Harassment Policies include some additional due process requirements for adjudicating alleged violations, including the process we must abide for formal hearings. You can also learn more by viewing these two videos created by the Title IX office.  

To learn more about the 2020 Title IX regulatory requirements, please consider reading or watching the following sources that should be informative:
Webinar from the Office of Civil Rights summarizing the new regulations
Overview of the regulations from the Office of Civil Rights
Summary of regulations from the American Council on Education
Overview of Title IX from the Department of Education

On April 19, 2024, the Department of Education released updated Title IX regulations intended to replace the 2020 Title IX regulations.  However, on January 9, 2024, the U.S. District Court for the Eastern District of Kentucky issued a ruling vacating the 2024 Title IX regulations nationwide.  You can learn more about this court decision in these news articles.  You may also be interested in this news article and this resource summarizing how Title IX regulations have changed since Title IX's passage in 1972.  Currently at Tulane, the 2020 regulations still apply.  
 

Equal Opportunity/Affirmative Action Policy:

Sex discrimination, sexual harassment, and sexual misconduct are prohibited conducts under the university's Equal Opportunity Policies, which applies to all members of the community. Faculty and staff who engage in this prohibited behavior will be subject to an investigation conducted by Equal Opportunity and appropriate disciplinary outcomes. Please read the linked policy to learn more about prohibited sexual harassment and discrimination. You can also learn more by contacting the Equal Opportunity & Resolution Management Department (EO).

The Code of Student Conduct:

Tulane’s Code of Student Conduct applies to all full and part-time students, student-employees, and student organizations.  The Code of Student Conduct prohibits sex-based harassment, sexual assault, stalking, dating/domestic violence, and sexual exploitation.  Students who engage in this prohibited behavior will be subject to an investigation conducted by the Office of Student Conduct and appropriate disciplinary outcomes. 

Individuals who fill certain roles in the Title IX Grievance Procedure must receive annual training to ensure awareness of their compliance obligations, to best provide equitable treatment to Complainants and Respondents, and to be compliant with the Grievance Procedures required by Title IX. These individuals are the Title IX Coordinator, Deputy Coordinators, Investigators, Decision Makers (including appellate decision makers), and any person facilitating an Alternative Resolution Option within the Informal Process. Training subjects must include: the definition of Sexual Harassment as proscribed by the Title IX regulations; the scope of the University’s education program or activity; how to conduct an Investigation and Grievance Process including Hearings, Appeals, and informal resolution processes, as applicable.

Additionally, the Decision Maker(s) must receive training on any technology to be used at a live hearing and on issues of relevance of questions and evidence, including when questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant. Investigators must also receive the appropriate training needed to create an investigative report that fairly summarizes relevant evidence.

Further, any individual designated by Tulane as a Title IX Coordinator, Investigator, Decision Maker, or any person facilitating an Alternative Resolution Option within the Informal Process, will not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent. They will also be required to receive training on how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias. Any materials used to train Title IX Coordinator, investigators, decision-makers, and any person facilitating an Alternative Resolution Option within the Informal Process must not rely on sex stereotypes and must promote impartial investigations and adjudications of Formal Complaints of Sexual Harassment. Any training materials on these subjects will be publicly shared in the manner described below.

The Title IX regulations (34 C.F.R. part 106) require Tulane to make publicly available information on these trainings.  Individuals who fill the roles identified above receive training through the SUNY Student Conduct Institute (SCI).  Copies of those training materials are publicly available on the SUNY SCI website.  Additional training materials utilized by individuals who fill the roles identified above can be found in this publicly-accessible Title IX training folder.  

The Department of Education’s Office of Civil Rights (OCR) enforces Title IX.  For questions or concerns related to Title IX, you can contact the Office for Civil Rights; the Kansas City branch serves Louisiana:

Kansas City Office
Office for Civil Rights
U.S. Department of Education
One Petticoat Lane
1010 Walnut Street, 3rd floor, Suite 320
Kansas City, MO 64106

Telephone: 816-268-0550
FAX: 816-268-0599; TDD: 800-877-8339
Email: OCR.KansasCity@ed.gov