On Wednesday, May 6, 2020, the Department of Education’s Office for Civil Rights issued new Title IX regulations that will change the way institutions of higher education (IHEs) must address, investigate and adjudicate issues of sex and gender-based harassment, sexual misconduct, intimate partner violence and stalking.

The new regulations went into effect on August 14, 2020. Nicholls’ existing Title IX policies are in full compliance with the current regulations. Similar to other IHEs across the country, the University will be required to amend those policies to comply with the new regulations.

Nicholls State University has already been reviewing our current policies in anticipation of the new regulations. Now that the regulations have been finalized, we will spend the coming weeks carefully reviewing them and determining the best way to implement these regulations, ensuring we maintain processes that are thorough, equitable and sensitive to the needs of all parties.

At this time, Nicholls’ Title IX policies for reporting, investigating and adjudicating issues of sex or gender-based harassment remain unchanged, and any existing processes will continue under the current policies in place. We will continue to monitor information and guidance from the Department of Education as we move forward.

As always, Nicholls State University is committed to providing a safe and non-discriminatory learning, living, and working environment for all members of the University community. For more information on the Nicholls Title IX Office, click here. Information on how to report sex or gender-based harassment, sexual violence, intimate partner violence or stalking is available here.

Title IX is a federal civil rights law that prohibits discrimination on the basis of sex against any person in education programs and activities receiving federal funding. Students have the right to pursue an education, including athletic programs, scholarships and other activities, free from sex discrimination, including sexual violence and harassment. Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.) requires schools that receive federal financial assistance to take necessary steps to prevent sexual assault on their campuses and to respond promptly and effectively when an assault is reported.

This act (42 U.S.C. § 2000c et seq.) also requires public schools to respond to sexual assaults committed against their students.

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 USC § 1092(f)), commonly referred to as the Clery Act, requires colleges and universities that participate in federal financial aid programs to report annual statistics on crime on or near their campuses–including sexual assault and rape and to develop and disseminate prevention policies.

The Campus Sexual Violence Elimination Act (Campus SaVE) was enacted in March 2013 and amends the Jeanne Clery Act, creating additional protections for victims of dating violence, domestic violence, sexual assault and stalking, as well as creating more prescriptive requirements for prevention and awareness programs related to these offenses.