This letter explains that protection from discrimination based on gender identity, including a student's transgender status, is covered under Title IX.
The guidance does not give any specific suggestions for compliance for higher education regarding transgender students, but includes an additional document for secondary and elementary schools suggesting best practices for being supportive of, and nondiscriminatory towards, transgender students.
The letter defines the terms "gender identity", "sex assigned at birth", "transgender", and "gender transition".
For the purpose of Title IX compliance, institutions should use a student's "gender identity" as the student's sex in terms of rules and regulations.
The letter states "Under Title IX, there is no medical diagnosis or treatment requirement that students must meet as a prerequisite to being treated consistent with their gender identity."
This means that students are not required to show any documentation that reflects the gender they identify with, they simply must notify administration, or if the student is a minor, have a parent or legal guardian notify administration.
The simple request for documentation may constitute a Title IX violation.
The letter also goes into detail on different circumstances where Title IX does and does not apply related to transgender students.
The letter concentrates on four areas for compliance:
Safe and Nondiscriminatory Environment
Identification Documents, Names, and Pronouns
Sex-segregated Activities and Facilities
Privacy and Education Records
Each section has examples and information on proper compliance and guidance.
The sex-segregated section goes into detail on areas of interest such as; restrooms and locker rooms, athletics, fraternities and sororities, and housing.