On May 6, 2020, the U.S. Department of Education released its Final Rule under Title IX of the Education Amendments of 1972. The Final Rule carried the force and effect of law as of August 14, 2020.
The Final Rule prescribes a consistent, transparent grievance process for resolving formal complaints of sexual harassment. Aside from hearings, the grievance process prescribed by the Final Rule applies to all schools equally including K-12 schools and postsecondary institutions. The Final Rule requires, in part, that training of Title IX personnel must include training on the definition of sexual harassment in the Final Rule, the scope of the school’s education program or activity, how to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes, as applicable, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias.
An Overview of the Department of Education's Title IX Final Rule can be found here.
All materials used to train Title IX personnel must not rely on sex stereotypes, must promote impartial investigations and adjudications of formal complaints of sexual harassment, must be maintained by the school for at least 7 years, and must be publicly available on the school’s website.