Title IX Regulations Update
Shortly after taking office, President Biden directed the Department of Education to conduct a comprehensive review of the agency’s Title IX regulations, guidance, and related policies.
The Education Department released the long-awaited final regulations on April 19, significantly expanding the scope of Title IX’s reach on college campuses. Unlike the Trump Administration’s Title IX rules, which addressed sexual harassment only, the new regulations dramatically increase coverage to apply more broadly to all forms of sex discrimination, including discrimination on the basis of sexual orientation and gender identity.
Notably, the final rules do not contain provisions regarding transgender students’ eligibility to participate on sex-segregated athletic teams. The regulations also use a broader definition of sexual harassment and cover a wider range of parties and geographic scope.
In addition, the new rules eliminate or soften some of the more controversial procedural provisions in the current regulations. For example, the Biden regulations permit, but do not require, a live hearing and use of the preponderance of the evidence standard. In other ways, however, the regulations are just as detailed and prescriptive as the Trump rules. This level of specificity, combined with the broadened scope of the rules, will be very challenging for campuses to implement and a particularly heavy burden for Title IX Coordinators going forward.
The new rules become effective on August 1, although at least two lawsuits have already been filed, raising the possibility that implementation could be delayed by an injunction.
Below is a collection of resources to help you and your campus navigate the changing Title IX regulations. Included are resources developed by NAICU, the Education Department, and a collection of news articles and commentary.
NAICU Tools
Education Department Resources
News Coverage
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A Look at 13 Years of Title IX Policy, Higher Ed Dive (May 17, 2024)
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Colleges, the Title IX Changes Are Finally Here. What’s In Them? The Chronicle of Higher Education (April 19, 2024)
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New Title IX Rules Are Out. Here’s What You Need to Know, Inside Higher Ed (April 19, 2024)
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Final Title IX Rule Enshrines Protections for LGBTQI+ Students, Higher Ed Dive (April 19, 2024)
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Biden Administration Releases Revised Title IX Rules, The New York Times (April 19, 2024)
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Biden Title IX Rules Set to Protect Trans Students, Survivors of Abuse, The Washington Post (April 19, 2024)
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Biden’s New Title IX Rules Protect LGBTQ+ Students, But Transgender Sports Rule Still on Hold, The Associated Press (April 19, 2024)
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Biden Dismantles Trump-Era Title IX Rules, Sidesteps Issue of Trans Athletes in Girls' Sports, FoxNews.com (April 19, 2024)
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Biden Administration Adds Title IX Protections for LGBTQ Students, Assault Victims, NPR.org (April 19, 2024)
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Title IX: Athletes Can Play Amid Sexual Misconduct Inquiries, ESPN.com (April 19, 2024)
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Finalized Biden Title IX Regulations Add Protections for Transgender Students, The Hill.com (April 19, 2024)
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Biden’s Outrageous Title IX Rewrite - Commentary, National Review (April 19, 2024)
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The Rules Change for Transgender Athletes in Women’s Sports – Commentary, The Wall Street Journal (April 19, 2024)
Archives
- View information on previous Title IX revisions 2022 and 2020.