Title IX and the Intersection with Online Use

Title IX

By:  Sally Roller

On April 19, 2024, the U.S. Department of Education released its final rule to fully effectuate Title IX’s promise that no person experiences sex discrimination in federally funded education.[1] All public and private elementary and secondary schools, school districts, colleges, and universities receiving federal funds must comply with Title IX.  The 2024 Title IX regulations have made several changes, which includes that Title IX now covers conduct that occurs off campus.

The new Title IX regulations direct Title IX recipients to focus on “whether the recipient has disciplinary authority over the respondent’s conduct in the context in which it occurred.”  This expanded jurisdiction means that Title IX will cover conduct that took place outside the United States and conduct that occurred online.

Social media sexual harassment plagues many Title IX cases. Children of all ages use social media and the Internet to communicate with friends, research information, and potentially harass others online. Schools need to update their Title IX policies to include off campus online use. Schools administrators should contemplate how they plan to combat student social media use when it turns into harassment.

Resources exist to help when students and staff are victims of cyber abuse. Please see:

Cyber Civil Rights Initiative: cybercivilrights.org

Without My Consent: withoutmyconsent.org

K&L Gates’s Cyber Civil Rights Legal Project: cyberrightsproject.com

 

[1] U.S. Dept of Educ., U.S. Department of Education Releases Final Regulations, Providing Vital Protections Against Sex Discrimination, available at: https://www.ed.gov/news/press-releases/us-department-education-releases-final-title-ix-regulations-providing-vital-protections-against-sex-discrimination.

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