Trump Administration Restores Title IX Rules from His First Term

Once again, a change in presidential administrations has triggered major revisions to the rules regarding Title IX enforcement. Originally passed in 1972, Title IX prohibits discrimination on the basis of sex in federally funded education programs and activities. Over the past few decades, this law has been used to punish students and faculty members accused of sexual misconduct. However, significant questions have been raised about the scope of Title IX and whether the fundamental rights of individuals targeted in these proceedings are being violated. 

The Trump administration’s Department of Education has issued a memo reversing changes to Title IX enforcement that were introduced by the Biden administration in 2024. Some of the specific provisions relate to the following issues:

• Restoration of the right to face one’s accuser — There has been a great deal of conflict as to whether the subject of a Title IX action should have the right to question their accuser. Of course, this is a fundamental element of our criminal justice system, but some have said that forcing an alleged victim to testify is unnecessarily traumatic in this non-criminal proceeding. The return to the prior rule means that once again, the subject of a Title IX action can cross-examine the individual accusing them of sexual misconduct. 

• Elimination of the single-investigator model — In some cases, educational institutions have used the same person to investigate the alleged misbehavior and decide whether the accused individual should be punished pursuant to Title IX. Though the Biden administration allowed this type of review, it is once again prohibited. 

• Removal of explicit protection for transgender students — The 2024 rules established specific rights for transgender students, including the right to use the bathroom or locker room that conforms with their chosen gender identity. These provisions have been eliminated. 

According to the Department of Education’s Office of Civil Rights, Title IX matters that have been opened under the 2024 framework, should be “reoriented” so that they fall within the restored 2020 standards. Frequent changes to Title IX standards can be very confusing, so it is essential to retain an attorney with a proven record of success in these cases if you are accused of a Title IX investigation. 

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

By Tylden Shaeffer | Published March 5, 2025 | Posted in Title IX Defense | Tagged Biden administration, criminal justice, sexual misconduct