The U.S. Department of Education rescinded the Biden Administration’s 2024 Title IX rules from the Code of Federal Regulations on Sept. 28, replacing them with rules adopted during Donald Trump’s first presidential term in 2020.
The department removed language that explicitly included sexual orientation and gender identity in Title IX’s definition of sex-based discrimination. Other restored regulations narrow the types of sexual misconduct that federally funded schools must respond to, and require survivors in college to be cross-examined at live hearings.
Title IX is a federal civil rights law part of the Education Amendments of 1972. It prohibits sex-based discrimination in educational programs that receive federal financial assistance. The department claimed that reinstating the 2020 regulations aligns Title IX protections with “biological reality, not ideological fantasy.”
Despite the claims from the Department of Education, transgender youth should not be labeled nor legally understood as fantasies, but as legitimate individuals who are deserving of protection and equal treatment.
A Title IX process is supposed to begin the moment that a school receives a report of alleged sexual harassment, misconduct or violence. The investigation that follows determines whether the accused will receive a disciplinary outcome such as suspension or expulsion. It is an internal approach to university justice and safety, entirely separate from criminal proceedings.
With an altered standard to evaluate evidence, universities are now allowed to use stricter rules when examining proof of guilt. Mandatory live hearings with cross-examinations are also back, potentially hindering students’ willingness to report alleged harm. Any change that deters students from reporting harm on campus is a detrimental burden to survivors. There is an existing hesitation among many students to come forward in a system that so often shames or doubts survivors. With a narrower harassment threshold comes a narrower trust in the institutions that are supposed to protect us.
If a student believes that their school did not properly secure their protection under Title IX, they could file a complaint under the Education Department’s Office of Civil Rights (OCR), triggering a federal investigation. However, the Trump Administration has restructured the office with sweeping budget cuts and transferred former employees over to the Justice Department. Downsizing the OCR puts students whose schools have failed them with fewer options for justice.
Although the 2020 rules have been enforced since January, Monday’s announcement formally vacates the Biden Administration’s rules from the Code of Federal Regulations. The change was also made without asking for public input, bypassing the standard notice-and-comment rulemaking process.
Title XI should give students a reason to come forward, not a reason to stay silent.
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