Westerly School Committee reviews first reading of updated Title IX policy

Westerly — The Westerly School Committee on Oct. 16 heard a first reading of an updated Title IX policy intended to bring district procedures into alignment with amendments to U.S. Department of Education regulations that took effect Aug. 1, 2024.

Caroline Thibault, a partner at a Providence law firm who has advised the district on Title IX, told the committee the draft policy expands the definition of prohibited sex‑based discrimination to explicitly include gender identity, sexual orientation and pregnancy‑related conditions and adds procedural changes required by the new regulations. "The regulations by their own terms went into effect August first of 2024," Thibault said, noting that the amendments "have the force of law" in states without court injunctions.

The proposed policy keeps a single Title IX coordinator for the district rather than establishing separate coordinators for student‑ and employee‑related complaints, a choice Thibault said was made "to maintain one singular person as the Title IX coordinator" and to provide a clear reporting structure. The draft also incorporates new mandatory employee reporting obligations, multi‑tiered training for staff and specialized training for investigators, decision makers and informal‑resolution facilitators.

Other substantial changes included explicit protections and procedural supports for students who are pregnant or have pregnancy‑related conditions, clearer timelines for investigation stages, an expanded definition and categorization of sex‑based harassment (including quid pro quo and hostile environment), and formalized supportive measures intended to allow complainants to continue accessing education during investigations. The draft permits either the Title IX coordinator, a human resources administrator or building principals to serve as investigator, and provides routes for appeals; if the superintendent serves as decision maker the appeal would go to the committee.

Members pressed for clarification on the regulations' legal status after several states filed challenges. Thibault acknowledged that some of the 2024 amendments have been enjoined in parts of the country but reiterated that "they are effective in those states where there is no court order explicitly stating that they are enjoined." A committee member and a public commenter urged caution about adopting policy language while litigation is pending.

The committee did not vote on the substantive policy at the meeting; members moved the item up on the agenda so the public could hear the first reading. The district will proceed with further review and committee discussion before any formal adoption vote.

What’s next: The committee will consider further edits and discussion at a future meeting; no adoption vote was recorded in the Oct. 16 transcript.