Important Information: New Title IX Regulations effective August 1st

7/16/2024

Dear Member,

We write to inform you of important changes to the current Title IX regulations.  These changes, when implemented, will impact each one of us.  We ask that you take a few minutes to read this communication and the attachments.

The United States Department of Education has been working on new Title IX regulations.  The regulations have been released and they are effective August 1, 2024**

Why is this important? Each one of us must follow Title IX regulations.  The updated regulations have expanded who are designated as mandatory reporters.  

Background: 

Title IX is a section in the Education Amendments of 1972.  Many thinks of Title IX as equality in college sports. It is so much more.  It also addresses sexual harassment, gender-based discrimination and sexual violence. Title IX protects any person from sex-based discrimination, regardless of their real or perceived sex, gender identity, and/or gender expression.

Each school must have procedures on handling Title IX complaints including a Title IX coordinator. (https://www.umb.edu/crtix/)

New Regulations: Key changes

Expand reporting requirements:  More employees are obligated to report. We expect UMB to announce all faculty are mandatory reporters. This will require each of us to attend compulsory training.

Expand Filing of complaints:  Will now allow oral filings.  This can include a student informing a faculty member that they experienced sexual harassment in the class, and this should be investigated.   This action by a student puts UMB on notice and triggers an obligation to investigate.  This becomes ‘actual knowledge” meaning UMB must respond promptly.

Redefines sexual harassment:  The new regulations expand to include sex-based harassment which is sexual assault, dating violence, domestic violence and quid pro quo sexual harassment.   In addition, the new regulations also apply to hostile environment harassment, which is defined as unwelcome sex-based conduct which is so severe that it limits a person’s ability to participate in or benefit from an activity.

Expand definition of sex discrimination: Includes sexual orientation, gender identity, and pregnancy. Make it your obligation to provide reasonable modifications to students experiencing pregnancy.

Expand the Location of the incident: Conduct off campus or out of the country are now covered in the regulations requiring universities to address the conduct.

Faster resolutions: Need to enforce prompt time frames to investigate cases.

FSU Action:

Demand to bargain: HR Labor Relations sent us proposed updates to our contract of how they see the new regulations needing to amend out contract. We are not in agreement with what we received. 

We do not see implementation of the new regulations as a simple ‘just make a couple of language changes in our contract’.  We see the new regulations as substantial changes impacting each one of us. 

On July 11th we sent a formal demand bargain (impact bargaining) letter.  (see attached)

Next steps:

Impact bargaining requires FSU to be at the table.   Our team is made up of a small group of FSU members.   If you wish to be part of our impact bargaining team, please contact us at fsu@umb.edu   

We are also meeting with other campus unions and other UMass unions.   

**As of today, the regulations are still scheduled to go into effect August 1., 2024.  In about a dozen states, federal judges have issued preliminary injunctions as these states are challenging some aspects of the regulations. 

Sincerely,

Caroline Coscia                              Sana Haroon

Senior Lecturer II                            Professor

Political Science Department          History Department

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