Rules for Title IX Proceedings Slated to Change Again if They Survive Court Challenges

The use of Title IX proceedings to address allegations of sexual misconduct at educational institutions continues to cause controversy and confusion. Once again, the Title IX landscape is shifting as the federal government has introduced changes that expand the scope of these cases and affect the fundamental rights of accused students and faculty members. However, a court challenge has blocked enforcement of the new rules in Texas and more than 10 other states. 

Originally, the new Title IX provisions enacted by the Biden Administration were supposed to take effect on August 1. However, the Court of Appeals for the Fifth Circuit, which includes Texas, issued an injunction blocking enforcement of the rules introduced in 2024. An attempt by the federal government to apply rules that did not draw a specific challenge was rejected by the U.S. Supreme Court. 

Changes from the 2020 regulations that will take effect if they withstand court challenge include the following:

• Lower bar for sexual harassment claims — Previously, someone could only bring a Title IX sexual harassment claim if the alleged conduct was “objectively offensive.” The 2024 revision adjusts that standard to permit these actions when the alleged activity is “sufficiently severe or pervasive.” Accordingly, there could be a Title IX case even if a neutral observer might not be offended by what happened. 

• Inclusion of sexual orientation and gender identity actions — Complaints involving alleged discrimination due to sexual orientation, gender identity and pregnancy status could be covered in a Title IX proceeding under the new rule, but several states have objected to this provision in court.  

• Removal of cross-examination requirement — Should the revision be enacted, educational institutions would no longer be bound by the 2020 rule mandating that the respondent in a Title IX proceeding have chance to cross-examine the complainant. 

• Cases involving incidents that occur off campus — Once in place, the 2024 regulations would allow Title IX actions for incidents involving students and faculty members off campus, even in another country during a foreign exchange program. 

• One-person investigations allowed again — In 2020, the rules were changed to prevent a single individual from both performing the investigation into a claim and determining the appropriate sanctions. This would now be allowed again, though some schools might reject the single-investigator model because of due process concerns. 

Whatever rules are in place, Title IX sanctions imposed by a school can be very serious. If you or a loved one has been accused of misconduct, you should immediately reach out to an attorney familiar with the latest developments in Title IX law. 

Tylden Shaeffer, Attorney at Law, P.C. defends Texas students and faculty members in Title IX actions conducted by educational institutions. Please call (210) 227-1500 or contact me online for a free consultation regarding your situation and options. My office is in San Antonio.  

By Tylden Shaeffer | Published September 21, 2024 | Posted in Harassment, Title IX Claims | Tagged Harassment, sexual harassment, Title IX