At the start of each fiscal year, we provide an update on regulatory changes impacting the work of the Civil Rights Office. This year, there are multiple updates to bring to your attention, some of which are being challenged in courts, other rulings are too recent to know their full impact, and others remain pending. We have updated the College’s policy to reflect the regulations as they apply to the College right now and are preparing to act quickly should they change.
Kenyon’s Policy. On April 29, 2024, the U.S. Department of Education posted new Title IX regulations into the federal register. To date, 10 states, including Ohio, have requested and been granted a preliminary injunction barring these states from implementing the updated regulations on August 1, 2024, as directed by the Department of Education.
Kenyon is impacted by the preliminary injunction in two ways. First, as we do each year, the College will publish the policy guiding its response to all reports of protected characteristic harassment and discrimination that reflects the 2020 Title IX regulations. Secondly, the College will be prepared to post a policy and process that incorporates the 2024 regulations to ensure seamless compliance if/when the temporary injunction is amended.
The College’s active Civil Rights Policy: Discrimination, Harassment, and Sexual Misconduct can be found on the website.
Title VI Dear Colleague Letter. On May 7, 2024, the U.S. Department of Education issued a Dear Colleague letter to help schools receiving federal funds better understand their obligation to protect students from discrimination such as harassment based on race, color, or national origin including shared ancestry or ethnic characteristics. The College’s Notice of Non-Discrimination provides a comprehensive list of the protected characteristics on which the College prohibits discrimination and harassment.
Supreme Court Decision on the Chevron Deference. On June 28, 2024, the U.S. Supreme Court overruled the Chevron deference. For the last 40 years, the Chevron deference permitted a federal agency charged with interpreting statutes the ability to resolve any ambiguities in the statute. This reversal will likely impact the College’s Civil Rights Policy, but the extent of the impact is uncertain at this early stage. The College will continue to monitor this decision and provide updates as they are available. Download the Supreme Court ruling.
Proposed Title IX Regulations on Students’ Athletic Eligibility. The U.S. Department of Education’s Office for Civil Rights issued separate regulations addressing students’ athletic eligibility under Title IX. These regulations have gone through notice and comment, however the final regulations have not yet been published.
Any questions, comments, or concerns regarding the College’s response to protected characteristic harassment and discrimination should be directed to Civil Rights/Title IX Coordinator Samantha Hughes at hughess@kenyon.edu, or to Civil Rights/Title IX Deputy Coordinator Kevin Peterson at peterson2@kenyon.edu.