The final Title IX rule, issued in 2024, formally expanded the definition of sexual harassment under Title IX to "sex-based harassment," which includes a broader range of conduct. Specifically, it added harassment based on sex characteristics, sexual orientation, gender identity, sex stereotypes, and pregnancy or related conditions to the definition
. The rule retains the three core categories of sexual harassment from the 2020 regulations but clarifies and modifies the standard for unwelcome conduct that creates a hostile environment. The conduct must be:
- Unwelcome,
- Sex-based,
- Subjectively and objectively offensive,
- So severe or pervasive (not necessarily both) that it results in the denial or limitation of a person's ability to participate in or benefit from the education program or activity
This is a change from the previous requirement that the conduct be both severe and pervasive. Additionally, the final rule removes geographic limitations on Title IX responsibilities, allowing schools to address harassment occurring off-campus and even outside the United States if the school has disciplinary authority and the conduct contributes to a hostile educational environment
. In summary, the final rule formally adds protections against harassment based on sexual orientation, gender identity, sex characteristics, sex stereotypes, and pregnancy to the Title IX definition of sexual harassment, and it adjusts the severity/pervasiveness standard to "severe or pervasive" rather than "severe and pervasive"
