Title IX of the Education Amendments of 1972 prohibits sex-based discrimination in any educational program or activity receiving federal financial assistance. For North Carolina's colleges and universities — public and private alike — compliance with Title IX is not optional. Institutions that fail to meet their obligations risk losing federal funding, facing enforcement actions from the U.S. Department of Education's Office for Civil Rights (OCR), and exposing themselves to significant institutional liability.
Title IX Basics
At its core, Title IX requires that no person be excluded from participation in, denied the benefits of, or subjected to discrimination on the basis of sex in any federally funded education program. While many people associate Title IX primarily with athletics, its reach extends far beyond sports. Title IX covers admissions, financial aid, academic programs, student services, employment, and — critically — sexual harassment and sexual violence.
Every institution that receives federal funding must comply, regardless of whether the institution is a large state university, a community college, or a small private college. In North Carolina, this includes the entire University of North Carolina system, the state's community college network, and dozens of private institutions.
The 2024 Regulatory Changes
The U.S. Department of Education issued revised Title IX regulations in April 2024, with an effective date of August 1, 2024. These regulations introduced significant changes to how institutions must handle complaints of sex-based discrimination. Among the key changes were an expanded definition of sex-based harassment, revised grievance procedures, and broader protections for students and employees.
The 2024 regulations replaced the framework established under the 2020 rules, which had required live hearings with cross-examination for postsecondary institutions. Under the new framework, institutions have more flexibility in designing their grievance processes, but they must still ensure that procedures are prompt, equitable, and provide adequate notice and opportunity to be heard for all parties involved.
North Carolina institutions should be aware that the regulatory landscape may continue to evolve. Staying current with federal guidance and OCR enforcement trends is essential for maintaining compliance.
Grievance Procedures
Under the current regulations, institutions must adopt and publish grievance procedures that provide for the prompt and equitable resolution of complaints alleging sex-based discrimination. These procedures must include:
- Notice: Both the complainant and the respondent must receive written notice of the allegations, the grievance process, and their rights throughout the proceeding.
- Investigation: The institution must conduct a thorough, impartial investigation. Investigators must be trained and free from conflicts of interest or bias.
- Determination: A decision-maker — who is not the investigator — must evaluate the evidence and issue a written determination regarding responsibility.
- Appeal: Both parties must have the right to appeal the outcome on specified grounds.
Institutions must apply the same standard of evidence — either preponderance of the evidence or clear and convincing evidence — consistently across all Title IX complaints. The chosen standard must be disclosed in the institution's written policies.
Training Requirements
Title IX regulations require that all individuals involved in the grievance process — including Title IX coordinators, investigators, decision-makers, and any person who facilitates an informal resolution — receive training on the definition of sex-based harassment, the scope of the institution's education program or activity, how to conduct investigations, and how to evaluate evidence impartially.
Training materials must not rely on sex stereotypes, and they must promote impartial investigations and adjudications. Institutions are required to make their training materials publicly available on their websites. For North Carolina institutions, this means that training programs should be regularly reviewed and updated to reflect the most current federal guidance.
The Title IX Coordinator
Every institution must designate at least one employee as its Title IX Coordinator. This individual is responsible for coordinating the institution's compliance efforts, including overseeing grievance procedures, ensuring proper notice and training, and serving as a point of contact for students, employees, and third parties who have questions or wish to file a complaint.
The Title IX Coordinator's contact information must be prominently displayed on the institution's website and in its publications. The coordinator must be adequately trained and supported, and must have the authority and independence necessary to carry out the role effectively. At larger North Carolina institutions, the Title IX office may include deputy coordinators, investigators, and administrative support staff.
Record Keeping
Institutions are required to maintain records related to Title IX compliance for a minimum of seven years. This includes records of each investigation, any disciplinary sanctions imposed, any remedies provided to the complainant, any appeal and its result, any informal resolution and its result, and all training materials used to train Title IX personnel.
Proper record keeping serves multiple purposes. It demonstrates the institution's commitment to compliance during OCR reviews, provides documentation in the event of litigation, and helps the institution identify patterns or systemic issues that may require policy changes.
Institutional Liability
Failure to comply with Title IX can result in serious consequences. OCR may initiate a compliance review or investigate individual complaints. If an institution is found to be in violation, OCR may require corrective action through a resolution agreement. In extreme cases, the Department of Education can initiate proceedings to terminate federal funding.
Beyond federal enforcement, institutions face exposure to private lawsuits. Under Title IX, individuals may bring claims for damages in federal court. Courts have held institutions liable when they were deliberately indifferent to known acts of sex-based harassment or discrimination. The financial and reputational consequences of such litigation can be substantial.
NC-Specific Considerations
North Carolina institutions should also be aware of state-level requirements that intersect with Title IX obligations. The North Carolina General Statutes include provisions related to campus safety reporting, student conduct, and employee misconduct that may impose additional obligations beyond what federal law requires. Institutions should ensure that their Title IX policies are coordinated with these state requirements to avoid conflicts or gaps in coverage.
Given the complexity of the regulatory framework and the significant consequences of non-compliance, North Carolina colleges and universities should work with experienced legal counsel to review their Title IX policies, procedures, and training programs on a regular basis. Proactive compliance is far less costly than responding to an OCR investigation or defending a federal lawsuit.