TITLE 33

EDUCATION

CHAPTER 37

MISCELLANEOUS PROVISIONS RELATING TO STATE INSTITUTIONS OF LEARNING

33-3732 [33-3733].  Title IX Compliance in Higher Education. (1) For the purposes of this section:

(a)  "Institution of higher education" means any public postsecondary institution, including but not limited to universities, colleges, and community colleges, operating within the state of Idaho that receives federal financial assistance.

(b)  "Office for civil rights" means the federal agency responsible for enforcing title IX compliance within educational institutions.

(c)  "President" means the chief executive officer or equivalent highest-ranking official of an institution of higher education in the state of Idaho, without regard to the specific title of such individual.

(d)  "Title IX" means title IX of the education amendments of 1972 (20 U.S.C. 1681 et seq.), and all applicable federal regulations duly promulgated by any federal department or agency pursuant to the same.

(e)  "Title IX compliance" means the policies, procedures, actions, and investigations required by title IX to ensure that an institution of higher education is in compliance with title IX.

(2)  The president of each institution of higher education in Idaho shall have the exclusive authority and duty to implement all title IX compliance. When necessary, the president of an institution of higher education may delegate specific tasks or duties related to title IX to designated staff reporting to the office of the president, provided that the president approves any final decision or action on any title IX related task or duty. To carry out this provision, the president of each institution of higher education in Idaho shall:

(a)  Establish policies to implement the requirements of title IX and corresponding binding federal regulations issued by the United States department of education and the office for civil rights. Such policies shall be narrowly tailored to meet only the minimum requirements of title IX; and

(b)  Ensure that all complaints filed with the institution of higher education pursuant to title IX are promptly investigated in accordance with title IX regulations. The president shall review and approve any decisions regarding sanctions, accommodations, or disciplinary actions arising from title IX complaints.

(3)  The president of each institution of higher education shall prepare and submit a report to the Idaho state board of education and the Idaho legislative services office no later than July 1 of each year, which report shall include:

(a)  The number of title IX complaints received during the previous academic year. The report shall also include the number of investigations conducted and a description of the outcomes of all investigations;

(b)  Copies of all title IX-related policies and procedures of the institution of higher education, which shall conspicuously highlight any changes made to such policies and procedures during the previous year;

(c)  A summary of interim measures taken to protect complainants and the accused during the time an investigation is pending; and

(d)  A summary of all corrective actions taken to address failures in title IX compliance.

History:

[33-3732, added 2025, ch. 257, sec. 3, p. 1128.]