New Administration Likely Means More Title IX Changes

Changing presidential administrations have triggered significant changes to Title IX proceedings at educational institutions. Under President Trump in 2020, key definitions and procedural requirements were revised for situations involving allegations of sexual mistreatment on campus. Then, some of the 2020 rules were reversed by the Biden Administration in 2024. Now, with Donald Trump returning to The White House, it seems likely that more revisions are forthcoming.

Some potential adjustments to Title IX enforcement might include the following:

• Reviving the single-investigator ban — Concerns about the rights of accused individuals led to a ban on what is known as the single-investigator model in Title IX jurisprudence. Under the 2020 rule, schools were prohibited from using the same person to conduct the investigation into the alleged misconduct and issue a decision on any disciplinary action. The 2024 revision restored the single-investigator model, but there seems to be a strong likelihood that the ban will return. 

• Requiring cross-examination rights — Though the right to cross-examine witnesses is guaranteed in the criminal justice system, this was not originally a feature of Title IX actions. Respondents were given cross-examination rights in 2020, but that was also reversed in 2024 because of worries about retraumatizing alleged victims. This is another area where the pendulum could swing back. 

• Changing key definitions —The 2024 Title IX rules expanded the definition of “sex-based harassment” to include harassment based on gender identity and sexual orientation. This meant that behaviors such as repeatedly referring to someone using a gender description they reject could be considered sex-based harassment. Under the 2020 standard, sex-based harassment was defined as unwelcome conduct that is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity.

Title IX has long been a battleground for civil rights in education. Potential policy reversals under a Trump administration could drastically affect cases involving students or school employees of accused of sexual misconduct or gender-related bias. Sanctions in these proceedings can be severe, so it is critical for Title IX respondents to retain a lawyer who has substantial experience in these matters and is well aware of the latest developments in this area of law. 

Tylden Shaeffer, Attorney at Law, P.C. represents clients in Title IX proceedings throughout Texas. Please call (210) 227-1500 or contact me online to schedule a consultation. My office is in San Antonio.  

By Tylden Shaeffer | Published January 5, 2025 | Posted in Title IX Defense | Tagged administrations, educational, presidential