On January 9, 2025, a federal court vacated the Biden administration’s 2024 Title IX rule, effectively reinstating the 2020 regulations nationwide.
The 2024 Title IX rule was subject to litigation after it went into effect on August 1, 2024, and was enjoined in more than half of the country. This January 9 final decision from the Eastern District of Kentucky resolves the uncertainty that resulted from the various temporary injunctions in place since the 2024 Title IX rule went into effect.
The court’s decision to invalidate the 2024 Title IX rule was based on a number of reasons, including that the U.S. Department of Education exceeded its statutory authority in expanding the definition of “on the basis of sex” to include gender identity and sexual orientation. Because the 2024 Title IX rule was vacated and cannot be applied to “all who would otherwise be subject to its operation[,]” the rule is vacated on a nationwide basis. The ruling could be appealed, but given the imminent transition to a new administration, it is unlikely that the decision will be appealed.
Our current understanding is that the 2020 Title IX rule (which went into effect during President-elect Trump’s first administration) is now controlling. The 2020 Title IX regulations include:
- A definition for “sexual harassment” and the requirement that complaints be formal complaints;
- Grievance procedures that contain a live hearing with cross-examination;
- Publication of training materials and certain contact information; and
- A narrowing of reporting obligations for individuals with knowledge of sexual misconduct.
About Duane Morris
Duane Morris attorneys are available to help institutions review the 2020 Title IX rule regulations and discuss the impact on polices, publications and training. We will continue to monitor this matter and will provide further updates.
For More Information
If you have any questions about this Alert, please contact any of the attorneys in our Higher Education Group or the attorney in the firm with whom you are regularly in contact.