Mary Murphy 

Managing Editor 

mem6812@psu.edu

Effective August 30, 2021, Penn State implemented changes to its standing Title IX policy in accordance with federal regulations. 

According to the updated policy, discrimination on the basis of sexual identity and/or gender identity is prohibited. Additionally, a former rule that states that any individual who refuses to submit to cross-examination at a Title IX hearing or is not present at a Title IX hearing cannot be considered in the case has been struck down. 

These updates come on the heels of several definitive court cases. A Supreme Court case, Bostock vs. Clayton County, determined that the prohibition of sex discrimination encompasses discrimination based on sexual orientation and gender identity. Essentially, this change dictates that any Penn State student that has reason to believe they have been discriminated against with regard to their sexual orientation and/or gender identity can file a Title IX complaint. 

A district court case brought about the next set of Title IX updates. A federal district judge in Massachusetts ruled that the former regulation–that any individual involved in a Title IX case that doesn’t attend a Title IX hearing or doesn’t submit to cross-examination cannot be considered in said Title IX case–was “arbitrary and capricious,” and therefore should be removed from the policy. The U.S. Department of Education’s Office for Civil Rights upheld this ruling and therefore determined that the previous regulation be removed. 

Chris Harris, Penn State’s Title IX coordinator, noted the significance of the recent Title IX changes.

“It’s important that all students, faculty and staff know and understand these changes because these are civil rights issues and not just University policy.” Harris continued, “If the University fails to uphold its Title IX obligations, it could be considered a violation of federal law.”

The significance of Title IX to both students and the institution of higher learning cannot be overstated. Passed in 1972, the Title IX education amendments prohibit sex discrimination in both eduation and other school sanctioned activities. Another major facet of the amendments is the inclusion of sexual harassment and assault, which are both prohibited under Title IX on the grounds that they may exclude a student from participating in certain activities. The regulations within the amendment must be upheld by any institution that receives federal funding. 

According to Harris, Title IX extends beyond these explicitly outlined guidelines and is an emblem of Penn State’s overall commitment to equality. “These protections extend to issues of equity in every facet of the University’s operations.”

Modifications to the policy are not unheard of, but they are fairly rare. That being said, there have been a significant number of changes recently given that the last two administrations have been publicly outspoken about their intended alterations to the policy. More specifically, the Trump administration implemented changes in 2020 and the Biden administration has been vocal about its intentions to alter the regulations, which will likely be implemented in the next year or two. 

Any Penn State student that has been a victim of discrimination is encouraged to reach out to either the university’s Title IX coordinator, the Office of Sexual Misconduct Prevention and Response, or the Affirmative Action Office so that proper actions can be taken.