On September 29, 2026, the U.S. Department of Education (DOE) formally restored the 2020 Title IX regulations to the Code of Federal Regulations (CFR) and repealed the 2024 rules, effective immediately. Schools and the DOE have followed the 2020 rules since early 2025, when a federal court vacated the 2024 rules, but the CFR had not caught up with courts. For supporters of due process, this is a moment to breathe a sigh of relief. With the 2020 rules officially codified, there is no longer any room for ambiguity about which rules apply, and live hearings are required at all post-secondary institutions.
For students and parents, these Title IX rules govern what process is due when someone reports sexual harassment, sexual assault, dating violence, or stalking at school. Title IX proceedings can take place from kindergarten through graduate school and beyond. The regulations determine who can file a complaint, how the school investigates a complaint, what rights each side has, and how a final decision is made.
Whether your student has been harmed or has been accused, understanding the process early can shape the outcome.
Title IX Regulations Govern Sexual Harassment Complaints at Educational Institutions
Title IX is a 1972 federal law that prohibits sex discrimination in education programs that receive federal funding. This law reaches virtually every public school district and most colleges and universities, whether public or private. The Department of Education issues the regulations that provide instructions for educational institutions to administer their programs, including how to address allegations of sexual harassment and sexual violence.
In 2020, the Department adopted the first Title IX regulations to define sexual harassment and spell out, step by step, how schools must respond to it. In 2024, the Department replaced those rules, weakening due process protections for students in many contexts. The 2024 version broadened the definition of harassment and allowed colleges to resolve complaints through processes that did not require live hearings.
However, the 2024 rules were not enforced for long. Federal courts blocked them in a number of states in 2024, and on January 9, 2025, a federal court in Kentucky vacated them. After the ruling, the Department of Education formally announced it would enforce the 2020 rules instead, and schools have operated under that framework ever since.
The September 2026 rule makes this ongoing arrangement official. In the Department’s words, the 2024 rule “has been vacated and is not enforceable nationwide,” so the earlier text “should be recodified in the Code of Federal Regulations.” The restored rules largely match the 2020 version, but, notably drops a sentence about hearing evidence that a federal court struck down in 2021.
What the 2020 Rules Mean for Students
Title IX now covers three categories of conduct. The first is a school employee conditioning a benefit on a student’s participation in unwelcome sexual conduct. The second is unwelcome conduct so severe, pervasive, and objectively offensive that it effectively denies a person equal access to education. The third is sexual assault, dating violence, domestic violence, or stalking, as defined in other federal laws, including the Clery Act.
The conduct must also occur within the school’s education program or activity and against a person in the United States. Conduct outside those limits may still violate a school’s code of conduct or student handbook, so a Title IX dismissal is not always the end of the matter.
Supportive Measures for Both Parties.
Schools must offer supportive measures to a student who reports harassment and to the accused student as well. Supportive measures are free, non-disciplinary services and supports designed to preserve a student’s access to education. They can include things such as schedule changes, deadline extensions, counseling, or mutual no-contact orders.
Clear Rights for Both Parties.
Before disciplining a student for sexual harassment, a school must complete a formal grievance process. The accused student is presumed not responsible until that process ends. Both sides receive written notice of the allegations and may bring an advisor of their choice, who may be, but need not be, an attorney.
Both sides also get an equal opportunity to review the evidence, with at least 10 days to respond in writing before the investigation report is finalized. Each school must state whether it uses the preponderance of the evidence or a higher evidence standard. Either side may appeal based on a procedural error that affected the outcome, new evidence, or bias or a conflict of interest.
Live Hearings Required at Colleges and Universities.
Post-secondary institutions must hold a live Title IX hearing. Each side’s advisor may question the other party and witnesses directly and in real time, but students never question each other personally. If a student has no advisor, the school must provide one at no cost.
One piece of the original 2020 rules is gone. As first written, the rules barred a hearing panel from relying on statements by anyone who refused to be cross-examined. A federal court struck that sentence down in 2021. Now, a panel may consider a person’s earlier statements even if that person declines to answer questions at the hearing.
Voluntary Informal Resolution.
After a formal complaint is filed, a school may offer an informal resolution process, such as mediation, but only with both parties’ voluntary written consent. Informal resolution is never available when an institution’s employee is accused of sexually harassing a student.
Retaliation Prohibited.
No school or individual may intimidate, threaten, coerce, or discriminate against anyone for reporting, testifying, or participating in a Title IX matter. That protection extends to everyone involved, including the student who reports and the student who is accused.
K-12 Title IX vs. College Title IX: Key Differences
In K-12, Telling Any Employee Counts as Notice.
In elementary and secondary schools, a school must respond once any employee, including a teacher, coach, counselor, or aide, learns of possible sexual harassment. At colleges, the duty is triggered only by notice to the Title IX Coordinator or an official with authority to take corrective action, so college students should review their institution’s Title IX policy to know exactly whom to tell.
K-12: Hearings Optional.
K-12 schools may, but need not, hold a live hearing. Either way, each side must be allowed to submit written questions for the other party and witnesses, receive the answers, and ask limited follow-up questions.
Parental Involvement for Minor Students.
The rules expressly preserve a minor student’s parent’s or guardian’s legal right to act on a student’s behalf, including by filing a formal complaint. For younger students, parents often participate in the process. Parental involvement does not replace a Title IX advisor, however. Even in K-12 matters, it is still prudent to retain an advisor early, because the outcome can affect school discipline records and future opportunities.
College Students Generally Drive Their Own Process.
Once a student turns 18 or enrolls in college, federal privacy law generally gives the student, rather than the parents, control over education records. Parents still often play an important supporting role to their children. Because an advisor can be anyone the student chooses, many families select an attorney, especially when a live hearing and cross-examination lie ahead. Many Title IX policies also permit a “support person” to attend Title IX meetings and proceedings with a party to act as an added emotional support.
Emergency Removal Decisions Have Limits K-12 Through College.
Any school may remove an accused student on an emergency basis only after an individualized safety and risk analysis finds an immediate threat to someone’s physical health or safety. The student must then receive notice and an immediate opportunity to challenge the removal.
In public K-12 schools, suspensions and expulsions imposed outside Title IX follow state law and district policy. For Ohio families, we explain that process in our guide to Ohio’s suspension and expulsion laws.
What to Do if You or Your Student is Involved in a Title IX Proceeding
The first days of a Title IX case are often the most important. These general steps can help protect your rights, whether you made the report or are responding to one.
- Read the Title IX Policy Carefully. Schools must publish their Title IX grievance procedures and the Title IX Coordinator’s contact information. Ask whether the policy has been updated to reflect the restored 2020 rules.
- Document Communications. Written communication with the school creates a clear record of what was said and when.
- Preserve Evidence. Save texts, emails, social media messages, photos, and the names of possible witnesses. Do not delete anything, even if it seems unhelpful.
- Ask About Supportive Measures. Schedule changes, no-contact orders, and academic adjustments can make a real difference while the process unfolds.
- Avoid Contact and Social Media. Reaching out to the other student or posting about the case online can lead to new allegations, including retaliation claims.
- Select an Advisor Early. A knowledgeable advisor can help prepare statements, review evidence, meet deadlines, and, at the college level, conduct cross-examination at the hearing.
Keep in mind that the same events at issue in a Title IX proceeding can also lead to a police investigation or a civil lawsuit. Statements made in a school process can surface in those settings, which is one more reason to get advice before the first interview.
How KJK Can Help
Title IX cases move quickly, and early decisions about what to say, what to sign, and whom to bring to a meeting can shape everything that follows. KJK’s Student & Athlete Defense team advises students and families at K-12 schools, colleges, and universities through every stage of the process, from the first report or notice of allegations through investigation, hearing, and appeal. Contact us today.