Section 106.11 Application: Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance

Declines to expand examples of conduct under sex-based harassment regulations to include AI technologies, but reinforces responsibility for conduct within a recipient's disciplinary authority, including off-campus and online activities. Clarifies Title IX obligations for addressing hostile environments linked to education programs.

  • Authority: Department of Education
  • Parent authority: Federal government
  • Jurisdiction: United States
  • Collections: U.S. regulations, executive orders, and agency policies
  • Most recent activity: Enacted
  • Most recent activity date: 2024-08-01

Risk subdomain coverage

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the risk subdomain are described.

  • Unfair discrimination and misrepresentation

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document has minimal coverage of AI risk domains, with only brief mention of AI technologies in the context of sex-based harassment and discrimination. Coverage is limited to subdomain 1.1 (Unfair discrimination) with minimal detail. The document primarily addresses Title IX compliance and sex-based harassment rather than comprehensive AI risk management.

Sector coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the sector are explicitly described.

  • Educational Services

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the sector are described.

  • Public Administration (excl. National Security)

All other sectors had no coverage in this document.

Sectors Summary

This document primarily governs the Educational Services sector, specifically addressing obligations of educational institutions receiving federal financial assistance under Title IX. AI technologies are mentioned only as examples of tools that may be used within educational settings.

Legislative Status

Hard Law

Legislative Status Summary

This is a binding federal regulation issued by the Department of Education under Title IX statutory authority, with mandatory compliance requirements and enforcement mechanisms through federal funding withdrawal and administrative procedures.

Actors

Proposer

  • Entity Types: AI_Governance_Actor
  • Entities: Department of Education
  • Summary: The Department of Education is the federal agency proposing and finalizing these Title IX regulatory amendments, as evidenced throughout the document's discussion of 'the Department' exercising regulatory authority.

Target

  • Entity Types: AI_User, AI_Deployer
  • Entities: recipients of federal financial assistance for education programs; postsecondary institutions; universities; community colleges; vocational schools
  • Summary: The regulation targets educational institutions that receive federal financial assistance (recipients) and specifically addresses their obligations regarding sex-based harassment, including when they deploy AI technologies in educational contexts.

Enforcer

  • Entity Types: AI_Governance_Actor
  • Entities: Department of Education
  • Summary: The Department of Education has enforcement authority over Title IX compliance, including the power to withdraw federal funding and conduct administrative enforcement actions against non-compliant recipients.

Monitor

  • Entity Types: AI_Governance_Actor
  • Entities: Department of Education; recipients (educational institutions)
  • Summary: The Department of Education monitors compliance with Title IX regulations, while recipients themselves are required to monitor and address sex-based harassment within their education programs and activities.

AI Lifecycle Stages

Lifecycle stages covered by the documents, as defined in the OECD Framework for the Classification of AI Systems

  • Deploy
  • Operate and Monitor

AI Lifecycle Summary

The document briefly mentions AI technologies in the context of deployment and operation within educational settings (grading, admissions), but does not provide comprehensive coverage of AI lifecycle stages. The primary focus is on Title IX compliance obligations rather than AI development or governance processes.

Technical Scope

Terms relating to technical scope that are mentioned or implicitly referenced in the document

No technical scope terms identified.

Technical Scope Summary

The document makes minimal reference to AI technologies, mentioning them only as examples of systems that may be used by educational institutions in grading and admissions. There is no detailed technical scope definition, and no mention of specific AI categories, models, systems types, or compute thresholds.

https://www.federalregister.gov/documents/2024/04/29/2024-07915/nondiscrimination-on-the-basis-of-sex-in-education-programs-or-activities-receiving-federal
https://agora.eto.tech/instrument/1188
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Document data from AGORA, CSET Emerging Technology Observatory.