College Reverts Back to 2020 Title IX Regulations
In compliance with recent federal orders, the College announced that it would revert back to its 2020 Title IX regulations. The current interim policy has a narrower definition of sexual harassment and no longer covers discrimination based on gender identity or sexual orientation.
On Feb. 13, the Office of Diversity, Equity, and Inclusion (ODEI) announced that Amherst has reverted back to the 2020 Title IX regulations in order to comply with recent federal orders.
The current document, titled “Interim Title IX Policy,” has a narrower definition of sexual harassment and no longer covers discrimination based on gender identity or sexual orientation. Identity-based discrimination and harassment and forms of harassment that fall outside of Title IX will still be covered under the college’s nondiscrimination and harassment policy. According to Title IX Coordinator Catherine Berryman, the changes to Title IX will not affect the types of conduct the college addresses.
These changes were in response to the “Dear Colleague” letter sent by the Department of Education on Jan. 31, stating that the Office of Civil Rights will now “enforce the Trump Administration’s 2020 Title IX Rule” after the Eastern District Court of Kentucky ruled that former President Joe Biden’s 2024 regulations were an “unlawful” interpretation of Title IX and a violation of the First Amendment.
The 2024 regulations expanded the definition of sexual harassment to “unwelcome sex-based conduct that … is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the recipient’s education program or activity.” Echoing the wording of the 2020 regulations, Amherst’s current Title IX Policy defines sexual harassment as conduct that is “so severe, pervasive, and objectively offensive” that it “effectively denies equal access” to the recipient’s education program. Harassment based on “sex, gender identity, gender expression, or sexual orientation” is now considered “sexual misconduct” instead of sexual harassment, and falls under the nondiscrimination policy.
“[Conduct considered sexual harassment] is going to be something that almost, in essence, causes somebody to leave the college,” Berryman said. “So that’s how much more narrow it is, whereas we have a broader definition of sexual harassment that reflects our community values in our [Nondiscrimination] policy.”
Berryman said that when the 2020 regulations were first issued, they narrowed the scope of Title IX for many colleges but allowed colleges to continue addressing “conduct that falls outside of what is designated as Title IX” in separate policies. This was the reason Amherst created a separate nondiscrimination policy, until the 2024 regulations’ expanded definitions made the policy redundant. With the Trump administration reverting back to 2020 regulations, Amherst also returned to having two separate policies addressing different aspects of harassment and discrimination.
Berryman said that both Title IX and the college’s nondiscrimination policies outline a similar impartial investigation and grievance process, although the hearing process is carried out by different groups. While Title IX involves a hearing board consisting of members not affiliated with Amherst, conduct violating the nondiscrimination policy will be governed by the college’s departments — the Student Affairs’ Community Standards Office (for students), the Office of Human Resources (for staff), or the Office of the Provost (for faculty).
According to Berryman, another main difference between the two policies is that the Nondiscrimination Policy can be applied to students anywhere, whereas Title IX only applies to conduct that occurs on campus. The Office of Title IX will continue to support students involved in a grievance process under the Nondiscrimination Policy.
“If conduct occurs off campus — it could be a sexual assault that occurs off campus — it’s not going to fall within the Title IX policy,” Berryman said. “Instead, it’s going to fall within the nondiscrimination and harassment policy, which is why it’s important that we’re still putting in the work and care into resolving the process in a similar way.”
Berryman said that there is no difference in attention given to a Title IX case as opposed to a nondiscrimination case. Both can lead to formal resolutions, which are sanctions determined by the hearing board or relevant departments after investigation and review.
“The vast majority of students who report to us are not actually asking for a formal resolution process, which is always available to them, but they are coming forward because they might be interested in getting connected with supportive measures,” Berryman said. “Much of what we’re covering … remains the same … you can come to us with concerns that fall outside of Title IX, and there [are] still supportive measures available.”
Berryman hoped that the ODEI’s prompt communication would prevent students from becoming less willing to report to the Office of Civil Rights and Title IX due to the narrower scope of the Title IX policy.
“People could hear [these changes] in the news and say, ‘well, they’re back in that narrow definition, maybe there’s less available to me,’” Berryman said. “I don't think that’s true at most colleges, and it’s not true at Amherst.”
Comments ()