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Attorney outlines new 2024 Title IX rules and how they expand district obligations
Summary
Shipman & Goodwin attorney Jessica Ritter briefed the board on 2024 Title IX regulatory changes, including a broader definition of sex-based harassment, expanded off-campus coverage and updated training and policy requirements.
Jessica Ritter, an attorney with Shipman & Goodwin, gave the board a high-level overview of the 2024 Title IX regulatory changes and their implications for Connecticut school districts.
Nut graf: Ritter told the board the 2024 regulations (effective Aug. 1, 2024) expand definitions of sex-based harassment, broaden the circumstances that may trigger Title IX responsibilities (including off-campus conduct when the district has disciplinary authority), and require annual training and updated grievance procedures. She warned that parts of the rule are subject to pending litigation that could change interpretations.
Ritter said the 2024 regs expand what the federal rules call "sex-based harassment," now covering a broader set of protected characteristics and conduct, including conduct related to pregnancy, sex stereotypes, sexual orientation and gender identity. She explained that the 2024 rules codify specific offenses (sexual assault, dating violence, domestic violence, stalking) and also clarify quid pro quo and hostile-environment standards.
She described procedural changes: the 2024 rules allow a streamlined investigative model (an investigator plus an appeals person) rather than the tripartite model required in the 2020 regulations. At the same time, districts now must assess off-campus conduct when the district has disciplinary authority, and must ensure annual training — three hours for central-office and building administrators and one hour for other staff — and update policies and administrative regulations.
Ritter also warned the board of ongoing litigation: a pending federal lawsuit (Moms for Liberty) challenges aspects of the 2024 rules that relate to LGBTQ+ protections and could lead to changes in enforcement or interpretation. She said a complaint brought against individual districts would require the district to know whether the alleged conduct falls under the 2020 or 2024 rules, depending on when and where the conduct occurred and whether a party-district is subject to the litigation.
Ending: Ritter told the board her office can provide the required training modules and assist with policy revisions; the board scheduled additional superintendent- and administrator-level training and reserved time for a lengthier Title IX training session for central-office staff.
