Title IX Regulations: 2024

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.

Title IX Timeline 2011-2424

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 became effective on August 1. Due to litigation, however, injunctions have halted implementation in multiple states and at multiple institutions. Institutions affected by the injunctions are operating under the Trump Administration’s version of the Title IX regulations.

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

Webinar:  Title IX Regulations
May 6, 2024

PowerPoint file

News Coverage

Archives

View information on previous Title IX revisions 2022 and 2020.