Letter to University leaders: Important information to comply with the new Title IX Regulations, effective August 1, 2024

Dear Colleagues, 

I hope that your transition to summer is going well and you have opportunities to recharge as well as prepare for the new academic year.

This summer, the Office for Civil Rights and Title IX Education and Compliance (OCR) is focused on the implementation of the new Title IX Regulations, effective August 1, 2024. These regulations have an expanded scope and apply throughout the University, including your areas of responsibility.

Our first priority has been to determine the impact upon relevant University policies [1] and propose revisions to these policies, in consultation with the Office of the General Counsel and in collaboration with many campus partners, academic governance representatives, offices, and groups. Simultaneously, we are updating training and materials to align with the new legal requirements and forthcoming policy changes. Detailed information about the changes to policies and training will be provided in July and at the start of the academic year.

Importantly, the new regulations provide clarifications and set forth other legal requirements that apply throughout MSU. While some of these requirements have been longstanding, the new regulations expand upon them and provide greater specificity about what must be done to comply. This email explains what is covered and what is required.

To comply with these regulatory requirements, action by your unit may be necessary by August 1, 2024. Please share this information with the appropriate employees in your units and ensure operations within your units/areas of responsibility (e.g., practices, forms, communications, etc.) are reviewed for compliance with the requirements. If you have questions or concerns, please contact me, or the Office of the General Counsel for consultation.

What is Covered

The scope of the new Title IX Regulations has expanded in several important ways. First, the new Title IX regulations cover “sex discrimination” [2] defined as:

• Discrimination and harassment based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity
• Sexual harassment - quid pro quo and hostile environment
• Specific offenses - sexual assault, dating violence, domestic violence, and stalking
• Retaliation

To align with MSU values, “gender” will appear with “sex” where consistent with the new Regulations, such as “sex/gender discrimination” and “sex/gender stereotypes”.

As has been the case, the regulations apply to the University’s “program or activity” in the United States. However, there is a new requirement regarding conduct outside the program or activity or outside the United States, as noted below in Requirements and Prohibitions (2). “Program or activity” means all the operations of Michigan State University, including but not limited to cooperative extension, intercollegiate athletics, lifelong education, any regularly scheduled classes; and locations including buildings owned or controlled by student organizations officially registered with the University. This includes fraternities and sororities registered with the University.

Another important change under the new Regulations is the expansive definition of student. A student is defined as “a person who has gained admission”. Admission means “selection for part-time, full-time, special, associate, transfer, exchange, or any other enrollment, membership, or matriculation in a University program or activity”.

What is Required

Under the new Title IX Regulations effective August 1, 2024, the University throughout its program or activity (see above definition):

1. Must take actions to prevent sex/gender discrimination and ensure equal access to its program or activity.
2. Must address a sex/gender-based hostile environment in its program or activity even when some conduct alleged to be contributing to the hostile environment occurred outside the University’s program or activity or outside the United States.
3. Must not separate or treat any person differently based on sex/gender except where explicitly permitted by law, and even in these limited circumstances, not in a manner that would cause more than de minimis harm. More than de minimis harm is harm that is genuine and objectively non-trivial assessed from the perspective of a reasonable person in the individual’s position. Specifically, the Title IX Regulations state that preventing a person from participating in the University’s program or activity consistent with their gender identity subjects that person to more than de minimis harm.
4. Must not treat students, employees, or applicants differently based on sex/gender in connection with current, past, or potential parental, family, or marital status. This includes not adopting or implementing any policy, practice, or procedure concerning the current, potential, or past parental, family, or marital status that treats students differently on the basis of sex. Specifically:
   1. Applicants for employment or admission to a University program or activity cannot be asked about their marital status, including whether an applicant is “Miss or Mrs.”
   2. Applicants for employment or admission to a University program or activity can be asked to self-identify their sex/gender, but only if this question is asked of all applicants and if the response is not used as a basis for prohibited discrimination.
5. Must not discriminate against students, employees, or applicants, based on pregnancy or related conditions. Specifically:
   1. In determining whether a person satisfies any policy or criterion for admission, or in making any offer of admission, the University must treat pregnancy or related conditions in the same manner and under the same policies as any other temporary medical conditions. Students must be provided reasonable modifications, employees must be provided reasonable break time for lactation, and clean, private, lactation space other than a bathroom must be provided for students and employees.
   2. When a student informs an employee of the student’s pregnancy or related conditions - unless the employee reasonably believes the Title IX Coordinator has been notified - the employee must promptly provide the student with the Title IX Coordinator’s contact information and inform the student that the Title IX Coordinator can coordinate specific actions to prevent sex/gender discrimination and ensure the student’s equal access to the University’s program or activity.
6. Must ensure employees complete the University’s required RVSM training upon hire and annually. *** As noted above, this training is being updated to meet the new regulatory requirements. One of the new requirements is that training must be completed annually by employees. More information will be provided later this summer.
7. Must include the University’s Notice of Non-Discrimination, Anti-Harassment, and Non-Retaliation (“Notice”) on its website and in each catalog, announcement, bulletin, and application form that it makes available to students, employees, applicants for admission and employment, and all unions and professional organizations holding collective bargaining or professional agreements with the University.
   1. If necessary due to the format or size of any of these publications, instead of the full contents of the Notice a statement may be included that the University prohibits sex/gender discrimination in any program or activity that it operates and that individuals may report concerns or questions to the Title IX Coordinator and provide the location of the Notice on the University’s website (which is https://civilrights.msu.edu/policies/OCR%20Notice%20of%20Non-Discrimination%20-%2009-05-23.pdf). ***Please note that while the contents of the Notice will be updated effective August 1, the location or URL will remain the same.  
8. Must not use or distribute a publication stating that the University treats applicants, students, or employees differently on the basis of sex/gender, except as such treatment is permitted by law. 

Thank you for taking the steps necessary to ensure compliance with these requirements by August 1, 2024. If you need any assistance to understand or do what is required, I urge you to reach out as soon as possible to the Office of the General Counsel or me directly. 

With Spartan Spirit,

Laura Rugless  (she/her)

Vice President and Title IX Coordinator

Office for Civil Rights and Title IX Education and Compliance

Michigan State University

[1] The policies are the (1) Relationship Violence and Sexual Misconduct and Title IX Policy, (2) Anti-Discrimination Policy, (3) Mandatory Reporting for Relationship Violence, Sexual Misconduct and Stalking Policy, and (4) Pregnancy, Childbirth and Pregnancy-Related Conditions for Students and Employees Policy.

[2]  While Title IX (the statute) always has prohibited sex discrimination, the 2020 Title IX Regulations (currently in effect) covered only sexual harassment and specifically in the context of grievance procedures.