The U.S. Department of Education’s Office for Civil Rights (OCR) has announced the immediate enforcement of the 2020 Title IX Regulations, following a recent federal court decision and an executive order from President Donald Trump.
This move mandates educational institutions to revert to the policies and procedures established during the Trump administration’s first term.
Background: Legal and Executive Developments
On January 9, 2025, the U.S. District Court for the Eastern District of Kentucky ruled in Tennessee v. Cardona (Civil Action No. 2:24-072-DCR) to vacate the 2024 Title IX Regulations implemented during the Biden administration.
The court’s decision invalidated these regulations nationwide, necessitating a return to the 2020 framework.
Subsequently, on January 20, 2025, President Trump issued Executive Order 14168, titled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” This order emphasizes the recognition of only two immutable sexes—male and female—and excludes the concept of gender identity from federal policies.
Key Changes Under the 2020 Title IX Regulations
Educational institutions receiving federal funding are now required to adhere to the 2020 Title IX Regulations, which include:
- Definition of Sexual Harassment: Narrowed to encompass only severe, pervasive, and objectively offensive conduct.
- Grievance Procedures: Implementation of a split model where separate individuals handle investigation and decision-making processes.
- Live Hearings: Mandatory for postsecondary institutions, allowing cross-examination by advisors during proceedings.
- Standard of Evidence: Institutions may choose between “preponderance of the evidence” or “clear and convincing” standards, provided consistency across all cases.
- Scope of Applicability: Title IX jurisdiction is limited to incidents occurring within the institution’s programs or activities, excluding off-campus events not affiliated with the institution.
Implications for Educational Institutions
Institutions that had adjusted their Title IX policies in response to the 2024 regulations must now revert to the 2020 framework.
This reversion includes reinstating the split investigator and decision-maker model and conducting live hearings for colleges and universities.
Additionally, the OCR has clarified that discrimination “on the basis of sex” under the 2020 regulations does not encompass discrimination based on sex stereotypes, sex characteristics, or sexual orientation.
Compliance with State Laws
It’s important to note that while federal regulations have shifted, educational institutions must continue to comply with applicable state laws.
For instance, California’s Education Code and the Fair Employment and Housing Act explicitly prohibit discrimination based on sex, gender, gender identity, gender expression, and sexual orientation.
Therefore, institutions in such states must navigate both federal and state requirements to ensure comprehensive compliance.
Aspect | 2020 Regulations | 2024 Regulations |
---|---|---|
Definition of Sexual Harassment | Severe, pervasive, and objectively offensive conduct | Broader definition including unwelcome conduct determined by a reasonable person as severe or pervasive |
Grievance Procedures | Split investigator and decision-maker model | Allowed for a single investigator model |
Live Hearings | Mandatory for postsecondary institutions with cross-examination | Permitted but not required; allowed written questions instead |
Standard of Evidence | Choice between “preponderance of the evidence” or “clear and convincing” | Required “preponderance of the evidence” standard |
Scope of Applicability | Limited to incidents within institution’s programs or activities | Extended to off-campus and online incidents affecting the educational environment |
The reinstatement of the 2020 Title IX Regulations marks a significant shift in how educational institutions handle issues of sexual harassment and discrimination.
Institutions must promptly review and adjust their policies to align with the reinstated regulations while remaining mindful of state laws that may impose additional requirements.
This development underscores the evolving landscape of Title IX enforcement and the importance of institutions staying informed to ensure compliance and uphold the rights of all students.