Title IX compliance never stands still. Today, we are highlighting two areas where enforcement and guidance are particularly dynamic: athletics and resolution agreements. Understanding these developments is key to being prepared and confident in your practices.

Athletics

Recent developments are making athletics the defining issue in education compliance right now. In just the past few weeks, we have seen:

• A resolution agreement with Wagner College, following questions about male participation in women’s fencing.
• A federal finding against Denver Public Schools, citing Title IX violations tied to all-gender bathrooms and biology-based definitions of male and female.

Together, these cases underscore a shift: athletics and sex-based facilities seem to be where federal enforcement is most active right now. OCR is not just watching participation numbers; it is reviewing the policies, definitions, and decisions schools make in real time.

Athletics programs do not operate in a vacuum. What happens on the field or in the locker room can quickly become a campus-wide compliance issue. For institutions, that means policies must align with federal interpretations of Title IX, not just conference or association rules. Participation data, scholarship allocations, and treatment and benefits are all subject to higher scrutiny. Campus leaders also need clear communication plans in place to explain why policies are being enforced the way they are.

Save the Date: ICS is hosting a free webinar, Level the Field: Title IX Athletics & Today’s Gender-Equity Priorities, on Nov. 4 at 1 PM ET. We will unpack the current athletics landscape, walk through the three-part participation test, and give you a practical checklist to spot gaps before your school is the subject of an OCR investigation.

Register here for this important, FREE webinar.

OCR Issues First 2025 Title IX Sexual Harassment Resolution Agreements

The U.S. Department of Education’s Office for Civil Rights (OCR) has recently released six resolution agreements addressing Title IX sexual harassment compliance. These agreements involve Infinity College, Crowley’s Ridge College, Cottey College, Black River Technical College, Conception Seminary College, and Louisiana Christian University, and they point to OCR’s current focus on institutions meeting the requirements of the 2020 Title IX regulations.

For colleges, universities, and K-12 schools, the long-standing requirements remain: training your Title IX team, posting required materials, and publishing compliant grievance procedures.

What the Agreements Require

Across the six resolution agreements, OCR required the institutions to take nearly identical steps:

• Posting of Title IX Training Materials: Each institution must publish all training materials used for Title IX Coordinators, Investigators, Decisionmakers, and Informal Resolution Facilitators on its website.
• Adopting & Publishing Title IX Grievance Procedures: Policies and grievance procedures must be updated and made public to ensure compliance with 34 C.F.R. §106.45, including the requirement for live hearings, testimony, and cross-examination.
• Training Title IX Personnel: In the Crowley’s Ridge and Conception Seminary agreements, OCR went further, requiring comprehensive training on the definition of sexual harassment, impartial investigations, relevance in questioning/evidence, and the use of hearing technology.
• Campus-Wide Notifications: Each institution must not only update its online and printed publications but also formally notify the community that updated procedures and materials are in place.

Even seemingly “technical” issues, like missing website postings or outdated procedures, can trigger corrective actions. These agreements make it clear that compliance is not a one-time task—it is ongoing! Institutions, as well as K-12 districts and schools, must be able to demonstrate that their Title IX team is properly trained, that grievance procedures align with federal regulations, and that the campus community is kept informed.

Tuesday Takeaway:

The release of these agreements should serve as a wake-up call for institutions at every level.

Here are some steps you can take now:

• Audit Your Title IX Website: Confirm that training materials and grievance procedures are posted, up to date, and easy to find. For our Community Partners, we have a Title IX Mock Website in your resources that you can use as a benchmark for your site to ensure the proper information is displayed.
• Review Your Grievance Procedures: Ensure they align with the 2020 regulations, including hearing, testimony, and cross-examination requirements.
• Train (and Re-Train) Your Team: Document proof of training for all Title IX personnel, and OCR will ask for it. If you have not made a plan for training this academic year, review our K-12 and Higher Ed training calendars or reach out to us to get a solution for your team.
• Communicate With Your Community: Do not overlook required notices and policy updates to students and employees.

Compliance is not just one time. It is not about checking a box and moving on. It is about building confidence in your Title IX processes. These agreements remind us that OCR is still watching closely, and we all must be prepared.