Sex-Based Harassment

Sex-Based Harassment

For Schools or Alleged Conduct Under the 2024 Regulations 

On Aug 1, 2024, the Final 2024 Title IX Regulations went into effect for most Colorado schools and apply to complaints of sex-based discrimination, including sexual harassment, regarding alleged conduct on or after that date.  These regulations describe sexual harassment as:

• An employee, agent, or other authorized person conditioning an aid, benefit, or service on a person’s participation in unwelcome sexual conduct (“quid pro quo”)
• Unwelcome sex-based conduct that, based on the totality of the circumstances, 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 education program or activity (“hostile environment)”. Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of a number of factors.

For Schools or Alleged Conduct Under the 2020 Regulations

For alleged conduct that occurred between Aug 14, 2020 and July 31, 2024 and for schools that are currently operating under the 2020 Title IX Regulations, the 2020 Title IX Regulations define sexual harassment as conduct on the basis of sex that meets one or more of the following descriptions: 

• A school employee conditioning an educational benefit, service or an individual’s participation in an educational activity upon unwelcome sexual conduct (“quid pro quo”)
• Unwelcome conduct determined by a reasonable person to be “so severe, pervasive AND objectively offensive” that it effectively denies the victim access to the school’s education programs
• “Sexual assault,” “dating violence,” “domestic violence,” or “stalking” as those terms are defined under the Clery Act and the Violence Against Women Act

2024 Overview Webinars 

Multiple overview webinars were provided on the 2024 Regulations.  For more information, or to request access to the recordings, please contact Rebekah Ottenbreit at Ottenbreit_r@cde.state.co.us and specify “2024 Title IX Regulations Overview webinars.”

2020 Overview Webinars

For Schools or Alleged Misconduct Under the 2020 Regulations

An Overview of the 2020 Title IX Regulations: What they are and Steps to Take:  This two-part informational webinar series was delivered virtually Oct 2020, by the Colorado Department of Education (CDE), in collaboration with the Colorado Association of School Boards (CASB). For more information, or to request a copy of the recordings, please contact Rebekah Ottenbreit at Ottenbreit_r@cde.state.co.us and specify “2020 Title IX Regulations Overview webinars.”

School/District Obligations to Respond

All schools and districts that have accepted any Federal funding have obligations to respond to allegations of sexual harassment that occur within the school’s educational programs or activities, regardless of whether the school or district is operating under the 2020 Title IX Regulations or the 2024 Title IX Regulations.  For more information, reference the specific set of regulations that your school is operating under.

Online Sexual Harassment

Under both the 2020 Title IX Regulations and the 2024 Title IX Regulations, sexual harassment online or through the use of Artificial Intelligence (AI) could be considered part of a school’s educational program or activity when the sexual harassment occurs in locations, events, or circumstances over which the recipient exercised substantial control over both the respondent and the context in which the sexual harassment occurs.  For more information, reference the specific set of regulations that your school is operating under.

How to File a Complaint

Title IX complaints should be filed with the individual school or district. However, a complaint may also be filed with the U.S. Office for Civil Rights.

• U.S. Office for Civil Rights Webinar on How to File a Complaint with the Office for Civil Rights
• U.S. Department of Education Office for Civil Rights Case Processing Manual, July 2022

The Office for Civil Rights also offers mediation services.  Just select “mediation” on the Office for Civil Rights Complaint Form

Anti-Retaliation Provision

It is unlawful to retaliate against individuals, including Title IX Coordinators, for:

• Filing a Title IX complaint
• Participating in a Title IX investigation, hearing or proceeding
• Advocating for others’ Title IX rights

For more information, see:

• April 24, 2013 Dear Colleague Letter
• April 24, 2013 Dear Colleague Letter - Spanish