Client Alert: Trump Administration Reinstates 2020 Title IX Regulations, Reversing Biden-Era Changes

February 3, 2025
dept. of education

The U.S. Department of Education announced that it will officially enforce the 2020 Title IX regulations, enacted during former President Donald Trump’s first term. This move comes after a federal judge struck down the Biden administration’s 2024 Title IX regulations, which had introduced significant changes to Title IX enforcement, particularly concerning protections for transgender students and sexual harassment protocols.

Background on Title IX

Title IX, enacted as part of the Education Amendments of 1972, prohibits discrimination on the basis of sex in any education program or activity receiving federal financial assistance. Over the years, the interpretation and enforcement of Title IX have evolved, reflecting shifts in political priorities and social attitudes.

Key Differences Between the 2020 and 2024 Title IX Regulations

To better understand the impact of this regulatory shift, the following chart highlights the key differences between the Biden administration’s 2024 Title IX rule and the Trump administration’s 2020 Title IX rule:

Aspect

2024 Rule

2020 Rule

Grievance Process: Rights of the Parties Involved No requirement to hold a live hearing; eliminated mandatory cross-examination by advisor/attorney; parties can propose questions, but no obligation for decision makers to ask them. Included mandatory cross-examination through party advisors/attorneys; hearing required with impartial decision makers.
Sex Discrimination: ‘Denying a student’s benefits or excluding participation on the basis of sex’ Must report conduct that may constitute sex discrimination; applies only to non-confidential employees; defined steps required to address sex-based discrimination. Required institutions to address sexual harassment as a form of sex discrimination.
LGBT+ Discrimination: Denying a student’s benefits or excluding participation on the basis of sexual orientation or gender identity Expands definition to include sexual orientation, gender identity, sex characteristics, and stereotypes; allows participation in activities consistent with gender identity. Did not explicitly address LGBT+ discrimination. However, President Trump issued an Executive Order stating that sex is defined as “two sexes, male and female.”
Informal Resolution Informal resolution process initiated upon request by complainant at the Title IX office. Formal complaint required to initiate informal resolution process.
Notice of Allegations and Complaint Schools no longer required to provide details of allegations, only written notice with sufficient response time. Schools were required to give respondents sufficient details of the allegations with time to respond.
Mandatory Dismissal No mandatory dismissal of complaint. Mandatory dismissal of the complaint if conduct does not meet Title IX sexual harassment definition.
Appeal Parties allowed to appeal, but with a higher standard for demonstrating an appeal should be granted; must prove a procedural irregularity that would ‘change the outcome’ of the matter. Parties allowed to appeal a decision; must prove a procedural irregularity occurred that ‘affected the outcome’ of the matter.
Sexual Harassment ‘Sexual Harassment’ redefined as ‘sex-based harassment,’ including quid pro quo sexual harassment, sexual assault, dating violence, domestic violence, hostile environment harassment, and stalking. Expanded scope to include harassment that ‘denies or limits’ equal access to education. Sexual harassment must be so ‘severe and pervasive’ that it ‘effectively denies’ equal access to education. Institutions must respond to complaints in a way that is not ‘deliberately indifferent.’
Pregnancy ‘Reasonable modifications’ for pregnant students, including voluntary leaves of absence and lactation spaces. Requires reinstatement upon return to prior academic status. No mandatory dismissal. Former ‘reasonable and responsive’ standard; definition: ‘pregnancy and related conditions.’ Prohibits discrimination against pregnant students.

 

Implications for Educational Institutions

The Department of Education has instructed institutions that had adopted the Biden-era rules to immediately revert to the 2020 Title IX requirements. This change affects how schools handle ongoing investigations, support transgender students, and address sexual harassment claims.

Support and Criticism

The reversion to the 2020 regulations has drawn mixed reactions:

  • Supporters, including conservative lawmakers, argue that the 2020 rule restores clarity, protects the rights of accused individuals, and maintains fairness in educational environments.
  • Critics, such as advocacy groups for sexual assault survivors and LGBTQ+ students, contend that the 2020 rule reduces protections for vulnerable populations, making it harder to report harassment and discrimination.

Regardless, KJK’s legal team is poised to operate under the pre-existing 2020 regulations.

Looking Ahead

As educational institutions navigate these regulatory changes, they must revise their Title IX policies to align with the reinstated 2020 rule. This shift underscores the broader national debate over gender identity, due process, and the role of federal regulations in shaping educational equity.

Understanding the nuances between these two regulatory frameworks is essential for educators, administrators, and students alike as they adapt to the evolving Title IX landscape.

Need Guidance on Title IX Matters?

Navigating Title IX regulations can be complex, especially amid shifting federal guidelines. If you need support understanding how these changes impact your rights or responsibilities, please contact our office at 216-716-5630.