TITLE IX FEDERAL REGULATION COMPLIANCE UPDATES
Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681) is a Federal law that prohibits discrimination on the basis of sex in educational programs and activities that receive federal financial assistance. Consistent with this obligation, West Virginia State University (WVSU) prohibits discrimination and harassment on the basis of sex in academics, employment, and all of its education programs and activities. The United States Department of Education (Department of Education) enforces Title IX.
The purpose of this site is to provide members of the campus community and the public with information related to the effect of recent and future court decisions on West Virginia State University’s obligations to comply with regulations enacted by the Department of Education. The site will be updated as information becomes available and/or court decisions are issued. Updates are organized from newest announcement to the oldest announcement.
Questions about WVSU’s Title IX obligations and/or the procedures for addressing discrimination on the basis of sex including harassment on the basis of sex, should be directed to:
Carolyn Stuart, Ph.D., Title IX Coordinator
217 Ferrell Hall
304-204-4018.
On April 19, 2024, the Department of Education published new regulations governing WVSU’s response to sex-based discrimination, including but not limited to sex-based harassment and sexual violence (34 C.F.R. Part 106 (2024)). The 2024 regulations replaced regulations published by the Department of Education in 2020 (34 C.F.R. Part 106 (2020)) and are effective August 1, 2024.
While WVSU has been working diligently since April to implement the 2024 federal regulations on the August 1 effective date, several states and school districts, including West Virginia, filed different lawsuits in different Federal District Courts seeking to block implementation of the 2024 regulations. The Federal judge in the lawsuit involving West Virginia granted a temporary injunction which means that the District Court temporarily blocked implementation of the 2024 Title IX regulations in West Virginia. The District Court’s ruling was upheld by the 6th United States Circuit Court of Appeals (6th Circuit) which means the temporary injunction will remain in place until a full hearing can be held and a final decision resolving the lawsuit is issued. The full hearing will not happen before August 1, 2024. The 6th Circuit’s Order is available online at:
https://www.ag.ky.gov/Press%20Release%20Attachments/DN%2041%20Order%20Denying%20Partial%20Stay.pdf
The temporary injunction means that WVSU is prohibited from implementing the 2024 regulations on August 1, 2024. The University, therefore, is required to follow the Department of Education’s 2020 Title IX regulations. as modified by prior federal court decisions. WVSU’s policies and procedures implementing the 2020 regulations continue to be in effect as they have been for the last four years.
The final decision in the lawsuit involving West Virginia could result in a lifting of the temporary injunction, meaning WVSU will be required to implement the 2024 regulations, or it could result in a permanent injunction which means WVSU would not be required to 2024 rules. Any decision issued could be changed and/or modified if appealed to a higher court.
WVSU’s obligations to comply with the 2024 regulations also could be impacted by decisions issued in lawsuits filed by other states in other jurisdictions.
If the 2024 regulations take effect at some point WVSU will meet with stakeholder groups to finalize needed revisions to WVSU’s policies and procedures to ensure WVSU is compliant with federal law as well as will implement training for all employees to ensure that they are familiar with the Title IX changes and their reporting and information-sharing obligations under the law.