Proposed Title IX Changes On Hold
Due to the federal injunction in Kansas v. United States Department of Education, the Universities of Wisconsin have suspended permanent and emergency rulemaking regarding Title IX. The UWs remain ready to publish the rule and policies should the injunction be lifted. Our current rules and the 2020 Title IX federal regulations remain in effect.
Special Meetings of the Board of Regents Regarding Title IX Changes
The Board of Regents of the Universities of Wisconsin held a special meeting July 8, 2024, to review and approve the Administrative Code Rule Drafts for Chapters UWS 1, 4, 7, 11, and 17 Permanent and Emergency Rules.
Visit the Board of Regents website to view meeting materials.
Proposed Title IX Changes & Public Comment
The Board held a preliminary public hearing June 14, 2024, on proposed permanent and emergency scope statements to amend Chapters UWS 1, 4, 7, 11, and 17, Wis. Admin. Code, to bring those Chapters into compliance with the new federal Title IX regulations in 34 CFR Part 106. The new Title IX regulations are effective August 1, 2024.
View the scope statements:
- Scope Statement for Revisions to Chapter UWS 1
- Scope Statement for Revisions to Chapter UWS 4
- Scope Statement for Revisions to Chapter UWS 7
- Scope Statement for Revisions to Chapter UWS 11
- Scope Statement for Revisions to Chapter UWS 17
The Board accepted written comments on the proposed scope statements through June 14, 2024. On June 26, 2024 the Board held a special meeting and approved the Scope Statements for Chapters UWS 1, 4, 7, 11, and 17 Permanent and Emergency Rules.
Title IX of the Education Amendments of 1972 [20 U.S.C. § 1681]
Title IX is a federal law that prohibits sex discrimination. Sex discrimination includes sexual harassment, sexual violence, sex-based misconduct, relationship violence, discrimination based on pregnancy, and the failure to provide equal opportunities in employment, admissions, or any educational programs or activities.
UW System adheres to all federal, state, and local civil rights laws prohibiting discrimination in employment and education. UW System does not discriminate in its admissions practices, in its employment practices, or in its educational programs or activities on the basis of sex. UW System is required by Title IX of the Education Amendments of 1972 to ensure that all of its programs and activities do not discriminate on the basis of sex and in compliance with Title IX.
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Title IX’s protection extends to a broad array of programs, benefits, and services, including:
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Education and Training
General training for employees and students includes such information as sexual harassment prevention, Title IX, the Campus SaVE Act, VAWA, Title VII, and bystander intervention.
In addition, employees with higher-level responsibilities at each institution, such as supervisors, managers, directors, responsible employees, investigators, hearing examiners and panels, and campus police will receive additional training in the following areas:
- Setting expectations for harassment-free workplaces, classrooms, and campus environments
- Preventing unlawful harassment
- Responding to Title IX and VAWA complaints and reports
- Reporting requirements of the Clery Act and under state law
- Specifying when the disciplinary process regarding sexual violence or harassment is involved
- Employing survivor and trauma-informed interventions and strategies
- Identifying roles and responsibilities of Title IX coordinators and deputy coordinators
- Identifying employees serving in the role of investigator
- Identifying employees and students serving on hearing panels
Title IX Personnel, Hearing Officers, and Investigators
In addition, Title IX personnel, hearing officers, and investigators require additional training in the following areas:
- Title IX regulations related to advisors and live hearings
- Administrative Code UWS Chapter 4 – faculty
- Administrative Code UWS Chapter 11 – academic staff
- Administrative Code UWS Chapter 17 – students
- Regent Policy Document 14-2, Appendix C -employees who do not fall under academic staff or faculty
- Rules of decorum and hearing notes
- Sexual violence and domestic violence statistics and notes
- Unconscious/implicit bias
For the purpose of compliance with section 106.45 of the Title IX Final Rules, the UW System Title IX Coordinator, investigators, decision-makers, and any person who facilitates an informal resolution process in Title IX compliance and practices are required to take the State University of New York (SUNY) training.
