Title IX of the Education Amendments of 1972: No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance
Title IX has evolved significantly over the years since its enactment in 1972. Its original purpose was to promote equal opportunities for women in sports; however, it now protects all genders from discrimination and harassment in various aspects of education. Under the Biden administration, changes were made to have a more inclusive definition of sexual harassment that covered intimidation based on sex characteristics, sexual orientation, gender identity, sex stereotypes and pregnancy. These changes went into effect in August of 2024. The change was short-lived. After only seven months of these new regulations, on February 5, 2025, The United States Department of Education solidified a reversion back to the 2020 regulations that were enacted during Trump’s first term in office.
This reversion should come as no surprise. Several signs pointed to its likely probability in the months leading up to this change. First, 26 states had an injunction on the 2024 Title IX regulations, and so in those states the rules were never put into effect. Further, in early January of this year, a federal court in the eastern district of Kentucky vacated the 2024 Title IX regulations in their entirety (Tennessee v. Cardona, 2025 WL 63795.) Trump followed with an Executive Order on January 20, 2025, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” stating that an individual’s sex is defined by “immutable biological classification as either male or female.” Despite the attempt to make these changes seem more inclusive, they have in fact placed more human beings at risk of falling victim to sexual harassment without recourse under Title IX.
Other notable changes that revert back to the 2020 regulations include but are not limited to the definition of a hostile environment to one that is “severe, pervasive, and objectively offensive” rather than the broader “severe or pervasive” standard under the 2024 rules. Schools must address sexual harassment if it is so severe and pervasive that it denies a person equal access to education programs or activities. The scope and jurisdiction component of the 2020 rules is such that the complainant must be a participant or trying to participate in the education program or activity at the time of the filing of the complaint. And perhaps one of the most controversial of the changes is the move back to live hearings where the accused students can cross examine their accuser through an advisor. The 2024 regulations had done away with that requirement.
Currently, several Colorado schools and school districts are under the microscope of the federal government pursuant to these new policies. The Department of Education is currently investigating Denver Public Schools for Title IX violations after one of its high schools converted a girl’s bathroom into an all-gender restroom while leaving another bathroom in the vicinity for boys-only. Scott Priblle, a spokesperson for Denver Public Schools said this change was based on a student-led initiative and “aligns with our values of supporting every student.” It has yet to be determined whether all-gender restrooms are equal to ones only for a single sex, but under Trump’s new Executive Order the outlook seems grim for more inclusive facilities.
The move back to the 2020 policy forces schools and administrators to ask some hard questions. Is Trump’s Title IX policy addressing the growing needs of an increasingly diverse student population, or is it trying to create concrete lines based on antiquated definitions of gender? Who benefits by the narrowing rather than widening of the scope of what is considered harassment? Do live hearings make the Title IX investigative process fairer (this office says, “yes!”)? Who will enforce these policies now that the Department of Education Office of Civil Rights is being defunded and under-staffed?
Title IX investigations continue to upend the lives of students and faculty alike. Our office is adept at navigating these situations with skill and effective advocacy. If you or someone you care about is involved in a Title IX investigation, contact Lindsay Brown for more information about how to protect your rights and future in this inconsistent, uncertain legal environment.
