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In a significant series of events, Title IX has returned to the 2020 regulations, bringing renewed attention to the rules and procedures that schools must follow when handling sexual harassment and misconduct cases.
First, on January 9, 2025, a federal court in the Eastern District of Kentucky vacated the 2024 Title IX regulations in their entirety (Tennessee v. Cardona, 2025 WL 63795 (E.D. Ky. 2025)).
This was closely followed by President Trump’s Executive Order (EO) on January 20, 2025, entitled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” that instructed federal agencies to define “sex” as an individual’s “immutable biological classification as either male or female” (and specifically excluding “gender identity”).
Finally, on February 4, 2025, the Department of Education’s (ED) Office for Civil Rights (OCR) issued a Dear Colleague Letter, clarifying that the OCR will enforce Title IX under the provisions of the 2020 Title IX regulations rather than the 2024 Title IX regulations.
At McGrath Training Solutions, we understand the complexities schools face when navigating Title IX compliance. With the return to the 2020 framework, it’s crucial for administrators to be well-versed in the procedural requirements, including formal complaint processes, live hearings, and the role of impartial decision-makers. To help clarify what these changes mean in practice, we’ve compiled answers to some of the most frequently asked questions based on the latest OCR guidance.
Read on for key takeaways and practical insights to ensure your schools remain compliant and foster a safe, legally sound environment for all students and staff.
What Title IX regulations apply to an incident that occurred between August 1, 2024, and the District Court’s Order on January 9, 2025?
As the Dear Colleague Letter states, “binding regulatory framework for Title IX enforcement includes the principles and provisions of the 2020 Title IX Rule and the longstanding Title IX regulations outlined in 34 C.F.R. 106 et seq., but excludes the vacated 2024 Title IX Rule.” Thus, for any Title IX cases that involve misconduct allegedly occurring between August 1, 2024, and the District Court’s Order on January 9, 2025, to which the 2024 Title IX regulations would have applied, the Dear Colleague Letter makes it clear that your school should now be applying the 2020 Title IX regulations to all aspects of such cases.
What should be done with determinations made between August 1, 2024, and the District Court’s Order on January 9, 2025?
At this time OCR has given no indication that previous decisions/determinations made during this time period are to be revisited.
What about supportive measures that have come out of determinations made under the 2024 Title IX regulations?
Even though the 2024 Title IX regulations have been vacated, the 2020 Title IX regulations still require supportive measures be provided to complainants and respondents. Schools should evaluate whether the measures taken were based solely on the vacated regulation or if they align with broader commitments to providing a safe and nondiscriminatory school environment.
What if I was in the middle of an investigation when the ruling came down?
Any open investigation should be immediately reevaluated to ensure compliance with the 2020 Title IX regulations.
For states with laws addressing gender identity, pronouns, or sex-based discrimination, what are your thoughts on how schools should navigate differing standards between state and federal requirements?
Schools should ensure that their policies and practices align with Title IX requirements, while also staying up to date on state-level protections that may extend beyond federal mandates. Title IX establishes a baseline for addressing sex-based discrimination, but some states have enacted additional protections related to gender identity, pronouns, and other aspects of discrimination. Schools should examine state laws and guidance to determine if additional protections exist. In states that have expanded protections, schools must ensure that their policies reflect those legal requirements to remain compliant. Even if state law does not explicitly address certain aspects of discrimination, schools may adopt policies that promote inclusivity and equity for all students. This can help mitigate legal risks and foster a safe learning environment. Given the potential for conflicts between state and federal laws, schools should consult with their legal counsel to develop policies that ensure compliance while prioritizing student well-being.
What should a school’s next step be regarding their Title IX policies?
If your school is in one of the 26 states or a school where the 2024 Title IX regulations were already subject to an injunction, you do not need to change anything based on the District Court’s decision (provided you were meeting all the requirements under the 2020 Title IX regulations). Your school should continue to use the 2020 Title IX regulation as guidance.
If your school is one where the 2024 Title IX regulation was in place, the most efficient approach in the short-term is to reinstate the Title IX policies in effect prior to August 1, 2024. This means revisiting previous policies, practices, and procedures to ensure compliance under the earlier (and now current) regulatory landscape. The 2024 Title IX regulations should not be used for any purpose.
Key Changes - Back to 2020 Title IX Regulations
Definition of Hostile Environment: Changed back to "severe, pervasive, and objectively offensive". Schools must address sexual harassment if it is so “severe” and “pervasive” that it “effectively denies” a person equal access to a school program or activity. §106.30(a). No longer sex based discrimination.
Jurisdiction: Schools must address a complaint of sexual harassment only if the complainant was participating or trying to participate in school at the time of filing the complaint. §106.30(a).
Formal complaint: Requires a written formal complaint to be filed by the complainant or signed by the Title IX Coordinator to initiate the grievance process. §106.45.
Single investigator model: Reverts back to Decision Maker MAY NOT be the same person as the Title IX Coordinator or Investigator. §106.45(b)(7)(i).
Training materials: Training materials must be publicly posted. §106.8(c).
Notice of interviews: Must send advance written notice of any investigative interviews, meetings, or hearings, providing a party with written notice of the date, time, location, participants, and purpose of all investigative interviews with a party with sufficient time for the party to prepare to participate. §106.44(a), §106.45(b)(1)(i).
10-day requirement: Schools must send the parties, and their advisors, an investigative report that fairly summarizes the relevant evidence, in electronic format or hard copy, with at least 10 days for the parties to respond. §106.45(b)(5)(vii).