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Higher Ed Dive

A Look at 13 Years of Title IX Policy

A Look at 13 Years of Title IX Policy

April 23, 2024

In April 2024, the Biden administration released its final rule governing Title IX, the federal law banning sex-based discrimination in educational settings. The regulation directs how colleges must investigate and carry out discipline for sexual violence. 

Title IX has undergone a series of complex regulatory transformations over the last decade-plus. We’ve developed a timeline of the major events over the past 13 years, tracing the law back to when the Obama administration first sought to use Title IX to bolster efforts to prevent campus sexual misconduct.
 
13 years of Title IX policy
  • April 2011
The Education Department under former President Barack Obama issues a “Dear Colleague” letter outlining educational institutions’ obligation to protect students from sexual harassment and sexual violence under Title IX. The guidance states that even a single episode of sexual misconduct could constitute a hostile educational environment and potentially trigger colleges’ Title IX obligations.
The 2011 guidance is widely considered to be a catalyst for increased national attention on campus sexual violence. It also became the subject of criticism from due process activists who argued the guidance put too much pressure on colleges to hold accused students responsible for sexual misconduct.
  • April 2014
A Q&A document from the Education Department serves as a follow-up to the 2011 Dear Colleague Letter. It attempts to clarify the provisions of the 2011 guidance, including when the department considers an institution to have known about an episode of sexual misconduct, procedural requirements, and employees’ duties to report sexual violence.
  • May 2016
The Education and Justice departments publish guidance detailing how Title IX protects transgender students. The agencies tell institutions they must use students’ pronouns that match their gender identity, even if other documents indicate a different sex. The guidance also states that schools must allow transgender students to use locker rooms and other facilities that align with their gender identity.
  • February 2017
The Senate narrowly confirms Education Secretary Betsy DeVos, appointed by then-President Donald Trump. Later that same month, the Education Department rescinds the guidance on transgender student protections under Title IX.
  • September 2017
DeVos withdraws the Obama administration’s 2011 guidance and the 2014 follow-up Q&A. The move garners sharp criticism from Democratic lawmakers and advocates for sexual assault prevention, and accolades from civil liberties activists.
At the same time DeVos revokes the Obama-era guidelines, she issues interim guidance on how colleges must respond to sexual misconduct. This temporary guidance allows colleges flexibility on the evidentiary standard they use in evaluating sexual misconduct cases and also permits them to use informal resolutions, such as mediation, to resolve them.
  • November 2018
The Education Department under DeVos releases its draft rule on Title IX. It contains contentious provisions, notably that colleges should hold a live hearing to adjudicate sexual misconduct cases. During those hearings, accused students and their accusers must be allowed to cross-examine each other through an adviser, the proposal states. The department invites public comment on the draft regulation.
  • May 2020
Having reviewed more than 120,000 comments on the proposed rule, the department publishes the final iteration of the regulation. The vast majority of the comments opposed the rule, but it largely preserves the draft DeVos had proffered a year and a half prior.
  • August 2020
DeVos’ rule takes effect. Higher education groups, led by the American Council on Education, had pleaded for the secretary to delay implementation of the rule in light of the coronavirus pandemic, a call DeVos did not heed.
  • January 2021
President Joe Biden takes office. Immediately, he issues an executive order stating everyone should receive equal treatment under federal law, regardless of sexual orientation or gender identity. His order cites Title IX.
  • March 2021
Biden signs an executive order that in part directs the Education Department to evaluate the Trump administration’s Title IX rule, which as a candidate he had pledged to undo.
  • June 2021
The Biden administration formally announces it will replace the DeVos rule with its own regulation. The same month, the Education Department said it interpreted Title IX to protect students based on their sexual orientation and gender identity. The department’s decision was rooted in a 2020 Supreme Court ruling — Bostock v. Clayton County — that established those protections in federal employment law.
  • December 2021
The Education Department announces it plans to release its proposed Title IX rule in April 2022, moving the date up from an initial publishing schedule of May. This displeases sexual assault prevention advocates, some of whom had called for a quicker timeline.
  • April 2022
The department says it will delay the draft Title IX rule until May 2022, not April.
  • May 2022
The Education Department pushes back the release of the proposed Title IX rule again, now targeting June 2022.
  • June 2022
The Education Department on the 50th anniversary of Title IX being signed into law releases its regulatory proposal. It would greatly expand the breadth of Title IX reports colleges would be required to look into and would no longer force them to set up hearings to adjudicate those cases. Notably, it would also allow colleges to use the single-investigator model of evaluating Title IX cases, in which one official examines the facts of a report and then makes a decision.
  • September 2022
The 60-day period for accepting public comments on the new draft regulation ends. The proposal draws more than 210,000 comments, which the Education Department will be required to sift through. Higher education associations largely praised the plan for the flexibility it would offer colleges, while critics said it would remove due process protections.
  • January 2023
The Biden administration publishes its higher ed regulatory agenda, indicating it intends to issue a final Title IX rule in May 2023.
  • April 2023
The Education Department proposes a separate Title IX regulation on transgender athletes’ participation in K-12 and college sports. The draft rule would prohibit blanket bans on transgender athletes. But it would allow for them to potentially be excluded from sports aligned with their gender identities if a school determines it needs a sex-based restriction in sports, such as to ensure fairness or to prevent injury.
  • May 2023
The department pushes back the release of the finalized Title IX regulatory plans from May to October. It said it is still reviewing the hundreds of thousands of public comments that poured in on both proposals. The agency said it received more than 240,000 comments on the broader Title IX plan and over 150,000 for the athletics one.
  • November 2023
The Education Department once again misses its deadline to finalize the two sets of Title IX regulations, delaying their release.
  • April 2024
After being delayed multiple times, the much-anticipated final Title IX rule is released by the Education Department under the Biden administration. For the first time, the regulations include protections for LGBTQ+ students and teachers, as well as for pregnant students and teachers.

It is immediately met with pushback from conservatives — who said they were preparing to legally challenge the rule shortly after its release — and with support from liberals.
 
In April 2024, the Biden administration released its final rule governing Title IX, the federal law banning sex-based discrimination in educational settings. The regulation directs how colleges must investigate and carry out discipline for sexual violence. 

Title IX has undergone a series of complex regulatory transformations over the last decade-plus. We’ve developed a timeline of the major events over the past 13 years, tracing the law back to when the Obama administration first sought to use Title IX to bolster efforts to prevent campus sexual misconduct.
 
13 years of Title IX policy
  • April 2011
The Education Department under former President Barack Obama issues a “Dear Colleague” letter outlining educational institutions’ obligation to protect students from sexual harassment and sexual violence under Title IX. The guidance states that even a single episode of sexual misconduct could constitute a hostile educational environment and potentially trigger colleges’ Title IX obligations.
The 2011 guidance is widely considered to be a catalyst for increased national attention on campus sexual violence. It also became the subject of criticism from due process activists who argued the guidance put too much pressure on colleges to hold accused students responsible for sexual misconduct.
  • April 2014
A Q&A document from the Education Department serves as a follow-up to the 2011 Dear Colleague Letter. It attempts to clarify the provisions of the 2011 guidance, including when the department considers an institution to have known about an episode of sexual misconduct, procedural requirements, and employees’ duties to report sexual violence.
  • May 2016
The Education and Justice departments publish guidance detailing how Title IX protects transgender students. The agencies tell institutions they must use students’ pronouns that match their gender identity, even if other documents indicate a different sex. The guidance also states that schools must allow transgender students to use locker rooms and other facilities that align with their gender identity.
  • February 2017
The Senate narrowly confirms Education Secretary Betsy DeVos, appointed by then-President Donald Trump. Later that same month, the Education Department rescinds the guidance on transgender student protections under Title IX.
  • September 2017
DeVos withdraws the Obama administration’s 2011 guidance and the 2014 follow-up Q&A. The move garners sharp criticism from Democratic lawmakers and advocates for sexual assault prevention, and accolades from civil liberties activists.
At the same time DeVos revokes the Obama-era guidelines, she issues interim guidance on how colleges must respond to sexual misconduct. This temporary guidance allows colleges flexibility on the evidentiary standard they use in evaluating sexual misconduct cases and also permits them to use informal resolutions, such as mediation, to resolve them.
  • November 2018
The Education Department under DeVos releases its draft rule on Title IX. It contains contentious provisions, notably that colleges should hold a live hearing to adjudicate sexual misconduct cases. During those hearings, accused students and their accusers must be allowed to cross-examine each other through an adviser, the proposal states. The department invites public comment on the draft regulation.
  • May 2020
Having reviewed more than 120,000 comments on the proposed rule, the department publishes the final iteration of the regulation. The vast majority of the comments opposed the rule, but it largely preserves the draft DeVos had proffered a year and a half prior.
  • August 2020
DeVos’ rule takes effect. Higher education groups, led by the American Council on Education, had pleaded for the secretary to delay implementation of the rule in light of the coronavirus pandemic, a call DeVos did not heed.
  • January 2021
President Joe Biden takes office. Immediately, he issues an executive order stating everyone should receive equal treatment under federal law, regardless of sexual orientation or gender identity. His order cites Title IX.
  • March 2021
Biden signs an executive order that in part directs the Education Department to evaluate the Trump administration’s Title IX rule, which as a candidate he had pledged to undo.
  • June 2021
The Biden administration formally announces it will replace the DeVos rule with its own regulation. The same month, the Education Department said it interpreted Title IX to protect students based on their sexual orientation and gender identity. The department’s decision was rooted in a 2020 Supreme Court ruling — Bostock v. Clayton County — that established those protections in federal employment law.
  • December 2021
The Education Department announces it plans to release its proposed Title IX rule in April 2022, moving the date up from an initial publishing schedule of May. This displeases sexual assault prevention advocates, some of whom had called for a quicker timeline.
  • April 2022
The department says it will delay the draft Title IX rule until May 2022, not April.
  • May 2022
The Education Department pushes back the release of the proposed Title IX rule again, now targeting June 2022.
  • June 2022
The Education Department on the 50th anniversary of Title IX being signed into law releases its regulatory proposal. It would greatly expand the breadth of Title IX reports colleges would be required to look into and would no longer force them to set up hearings to adjudicate those cases. Notably, it would also allow colleges to use the single-investigator model of evaluating Title IX cases, in which one official examines the facts of a report and then makes a decision.
  • September 2022
The 60-day period for accepting public comments on the new draft regulation ends. The proposal draws more than 210,000 comments, which the Education Department will be required to sift through. Higher education associations largely praised the plan for the flexibility it would offer colleges, while critics said it would remove due process protections.
  • January 2023
The Biden administration publishes its higher ed regulatory agenda, indicating it intends to issue a final Title IX rule in May 2023.
  • April 2023
The Education Department proposes a separate Title IX regulation on transgender athletes’ participation in K-12 and college sports. The draft rule would prohibit blanket bans on transgender athletes. But it would allow for them to potentially be excluded from sports aligned with their gender identities if a school determines it needs a sex-based restriction in sports, such as to ensure fairness or to prevent injury.
  • May 2023
The department pushes back the release of the finalized Title IX regulatory plans from May to October. It said it is still reviewing the hundreds of thousands of public comments that poured in on both proposals. The agency said it received more than 240,000 comments on the broader Title IX plan and over 150,000 for the athletics one.
  • November 2023
The Education Department once again misses its deadline to finalize the two sets of Title IX regulations, delaying their release.
  • April 2024
After being delayed multiple times, the much-anticipated final Title IX rule is released by the Education Department under the Biden administration. For the first time, the regulations include protections for LGBTQ+ students and teachers, as well as for pregnant students and teachers.

It is immediately met with pushback from conservatives — who said they were preparing to legally challenge the rule shortly after its release — and with support from liberals.
 

April 23, 2024

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The New York Times

Paychecks, Drafts and Firings: The Possible Future of College Sports

Paychecks, Drafts and Firings: The Possible Future of College Sports

April 22, 2024

As Elijah Higgins sat on a witness stand this week, he detailed the similarities between his experience last season as a rookie tight end for the Arizona Cardinals and the four years he had spent playing football at Stanford University. Five or six days a week at each level of play, he was immersed in football activities: lifting weights, practice, film study, physical therapy and playing games. There is travel on charter jets. Free tickets for friends and relatives. Robust coaching staffs setting rules. There are some differences, Higgins allowed. In the National Football League, there are no classes to attend, though at Stanford, he said, academics took a back seat to football, which is why he still has a few classes to take before earning his bachelor’s degree in psychology.
As Elijah Higgins sat on a witness stand this week, he detailed the similarities between his experience last season as a rookie tight end for the Arizona Cardinals and the four years he had spent playing football at Stanford University. Five or six days a week at each level of play, he was immersed in football activities: lifting weights, practice, film study, physical therapy and playing games. There is travel on charter jets. Free tickets for friends and relatives. Robust coaching staffs setting rules. There are some differences, Higgins allowed. In the National Football League, there are no classes to attend, though at Stanford, he said, academics took a back seat to football, which is why he still has a few classes to take before earning his bachelor’s degree in psychology.

April 22, 2024

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The Hill.com

Education Department Admits ‘Challenging Year’ for FAFSA: ‘We’re Not at the Point We Would Like To Be’

Education Department Admits ‘Challenging Year’ for FAFSA: ‘We’re No...

April 22, 2024

The Department of Education acknowledged Thursday that it’s been a “challenging year” for the Free Application for Federal Student Aid (FAFSA) process as officials are desperate to get more forms filled out.  “We’re not at the point we would like to be at,” Under Secretary of Education James Kvaal told reporters before revealing about 7.7 million FAFSA applications have been received from college applicants. Around 18 million forms are filed in a typical year. 
The Department of Education acknowledged Thursday that it’s been a “challenging year” for the Free Application for Federal Student Aid (FAFSA) process as officials are desperate to get more forms filled out.  “We’re not at the point we would like to be at,” Under Secretary of Education James Kvaal told reporters before revealing about 7.7 million FAFSA applications have been received from college applicants. Around 18 million forms are filed in a typical year. 

April 22, 2024

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Inside Higher Ed

Colleges Still Waiting to Send Aid Offers

Colleges Still Waiting to Send Aid Offers

April 22, 2024

With less than two weeks until the typical May 1 commitment deadline, only 34 percent of colleges have started sending financial aid offers to accepted students, according to new survey data from the National Association for Student Financial Aid Advisers (NASFAA); 54 percent had not begun packaging offers at all.
With less than two weeks until the typical May 1 commitment deadline, only 34 percent of colleges have started sending financial aid offers to accepted students, according to new survey data from the National Association for Student Financial Aid Advisers (NASFAA); 54 percent had not begun packaging offers at all.

April 22, 2024

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Multiple Sources

Round-up: Education Department Unveils Title IX Rewrite - April 19

Round-up: Education Department Unveils Title IX Rewrite - April 19

April 19, 2024

The long-awaited Biden Administration rewrite of Title IX regulations were released today by the Department of Education. The new regulations encompass sweeping changes to the federal civil rights law prohibiting sex-based discrimination at government-funded schools including colleges and universities. Colleges and universities have until August 1, 2024 to update policies for the fall semester.
 
After more than a year of delays and mounting pressure from advocacy groups, the final changes appear similar to what was proposed in June 2022 and significantly alter how colleges and universities respond to reports of sexual harassment and assault and expand protections for LGBTQ+ and pregnant students.  The new rules also reinstitute protections for student survivors of sexual assault and harassment that were rolled back during the Trump administration, will take effect Aug. 1. 
 
Below is a sampling of news reports on the new regulations:
 
Colleges, the Title IX Changes Are Finally Here. What’s In Them?
The Chronicle of Higher Education (April 19, 2024)
 
New Title IX Rules Are Out. Here’s What You Need to Know
Inside Higher Ed (April 19, 2024)

Final Title IX Rule Enshrines Protections for LGBTQI+ Students
Higher Ed Dive (April 19, 2024)
 
Biden Administration Releases Revised Title IX Rules
The New York Times (April 19, 2024)
 
Biden Title IX Rules Set to Protect Trans Students, Survivors of Abuse
The Washington Post (April 19, 2024)
 
Biden’s New Title IX Rules Protect LGBTQ+ Students, But Transgender Sports Rule Still on Hold
The Associated Press (April 19, 2024)
 
Biden Dismantles Trump-Era Title IX Rules, Sidesteps Issue of Trans Athletes in Girls' Sports
FoxNews.com  (April 19, 2024)
 
Biden Administration Adds Title IX Protections for LGBTQ Students, Assault Victims
NPR.org (April 19, 2024)
 
Title IX: Athletes Can Play Amid Sexual Misconduct Inquiries
ESPN.com (April 19, 2024)
 
Finalized Biden Title IX Regulations Add Protections for Transgender Students
The Hill.com (April 19, 2024)
  

Biden’s Outrageous Title IX Rewrite - Commentary
National Review (April 19, 2024)
 
The Rules Change for Transgender Athletes in Women’s Sports – Commentary
The Wall Street Journal (April 19, 2024)
 
The long-awaited Biden Administration rewrite of Title IX regulations were released today by the Department of Education. The new regulations encompass sweeping changes to the federal civil rights law prohibiting sex-based discrimination at government-funded schools including colleges and universities. Colleges and universities have until August 1, 2024 to update policies for the fall semester.
 
After more than a year of delays and mounting pressure from advocacy groups, the final changes appear similar to what was proposed in June 2022 and significantly alter how colleges and universities respond to reports of sexual harassment and assault and expand protections for LGBTQ+ and pregnant students.  The new rules also reinstitute protections for student survivors of sexual assault and harassment that were rolled back during the Trump administration, will take effect Aug. 1. 
 
Below is a sampling of news reports on the new regulations:
 
Colleges, the Title IX Changes Are Finally Here. What’s In Them?
The Chronicle of Higher Education (April 19, 2024)
 
New Title IX Rules Are Out. Here’s What You Need to Know
Inside Higher Ed (April 19, 2024)

Final Title IX Rule Enshrines Protections for LGBTQI+ Students
Higher Ed Dive (April 19, 2024)
 
Biden Administration Releases Revised Title IX Rules
The New York Times (April 19, 2024)
 
Biden Title IX Rules Set to Protect Trans Students, Survivors of Abuse
The Washington Post (April 19, 2024)
 
Biden’s New Title IX Rules Protect LGBTQ+ Students, But Transgender Sports Rule Still on Hold
The Associated Press (April 19, 2024)
 
Biden Dismantles Trump-Era Title IX Rules, Sidesteps Issue of Trans Athletes in Girls' Sports
FoxNews.com  (April 19, 2024)
 
Biden Administration Adds Title IX Protections for LGBTQ Students, Assault Victims
NPR.org (April 19, 2024)
 
Title IX: Athletes Can Play Amid Sexual Misconduct Inquiries
ESPN.com (April 19, 2024)
 
Finalized Biden Title IX Regulations Add Protections for Transgender Students
The Hill.com (April 19, 2024)
  

Biden’s Outrageous Title IX Rewrite - Commentary
National Review (April 19, 2024)
 
The Rules Change for Transgender Athletes in Women’s Sports – Commentary
The Wall Street Journal (April 19, 2024)
 

April 19, 2024

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