A Word from Legal
Title IX
Title IX regulations, updated by the Department of Education on April 29, 2024, require public schools to adopt and publish procedures for the resolution of student complaints alleging any actions prohibited by Title IX by August 1, 2024. While various legal challenges have halted implementation in at least 21 states, it is still enforceable in Maryland and so our schools must continue to provide learning environments that are safe and free from discrimination based on sex.
Sex Discrimination
Changes included updating definitions of sex discrimination and sex-based discrimination expressly prohibiting discrimination on the basis of sexual orientation, and gender identity discrimination (based on sex stereotypes and sex characteristics). Although this is not a new interpretation, this is the first time this explicit protection against sexual orientation and gender identity discrimination has been formalized in Title IX regulations, giving it the force of law.
The rule specifically provides that schools may not separate or treat any person differently based on sex in a manner that subjects them to “more than de minimis* harm,” except in the limited circumstances authorized under Title IX, such as sex-separated sports and housing. Now, preventing someone from participating in a program or activity consistent with their gender identity subjects that person to more than de minimis harm, and is therefore prohibited.
Misgendering
Under the new rules, the repeated misgendering of students or educators may be illegal sex-based harassment. This is because sex-based harassment includes harassment based on gender identity or nonconformance with sex stereotypes. Whether verbal conduct such as mis-
gendering constitutes harassment is a “necessarily fact-specific” inquiry—a stray remark, such as a misuse of language, is not considered harassment. Repeated misgendering or deadnaming that is “severe or pervasive” could, however, be considered prohibited harassment.
Pronouns
Despite repeated lawsuits, courts have routinely denied employee requests for accommodations based upon religion to exempt them from a pronoun policy. Courts have held that the granting of such accommodations exposes the employer to liability, thereby creating an undue hardship for the employer. Employees must adhere to all local board of education policies as it relates to pronouns and participate in any trainings provided.
If you become the subject of a Title IX investigation or you have questions or concerns about the application of Title IX, contact your local UniServ director.
* Latin for “of minimum importance” or “trifling.”