Amy Fabiano Quoted in “Lawyers burning midnight oil studying Title IX revisions” in Massachusetts Lawyers Weekly

May 15, 2024

Lawyers representing colleges and universities may need to postpone summer vacation plans to ensure that their clients are in compliance with the reams of Title IX rule amendments recently released by the U.S. Department of Education.

The new regulations, which go into effect on August 1, 2024, feature an explicit recognition that sex discrimination as defined under Title IX includes discrimination based on gender identity and sexual orientation, as well as revised grievance procedures for the “prompt and equitable” resolution of sexual harassment and sex discrimination complaints. Amy Fabiano discussed the changes with Massachusetts Lawyers Weekly.

Amy noted that the regs represent a “60 to 70 percent” change from what was called for under the Trump-era regulation. “There’s a lot that colleges and universities have to do this summer to come into compliance. And we’re going to learn a lot over the first year of implementation in terms of the choices and flexibilities that schools decide to lean into under the new regulations.”

The new rules make it clear that the protections of Title IX extend to LGBTQ+ students by defining discrimination on the basis of sex as including “discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.”

“Title IX has always applied to all discrimination on the basis of sex,” Amy said. “Now, the regulations themselves are being very clear about what that means.”

Continue reading “Lawyers burning midnight oil studying Title IX revisions” in Massachusetts Lawyers Weekly (subscription required).