The U.S. Department of Education announced on January 31, 2025 that it will reinstate the 2020 Title IX regulations that were originally enacted during the first Trump administration.
This action comes after a federal court struck down the Biden administration’s 2024 revisions to the regulations.
This shift has significant implications for educational institutions and their students, leaving many to wonder what the change means for them.
What Makes the 2020 Title IX Rules Different from the 2024 Revisions?
The 2020 Title IX regulations enacted under the Trump administration and the 2024 revisions implemented by the Biden administration differ significantly in their approach to addressing sex-based discrimination and sexual misconduct.
Here’s a breakdown of some key distinctions:
- Due Process in Sexual Misconduct Cases: The 2020 regulations emphasize due process rights for individuals accused of sexual misconduct, including the right to a live hearing and cross-examination.
- Scope of Protections: Title IX protections are applied based on biological sex, which may limit protections previously extended to LGBTQ+ students under the 2024 regulations.
What Does This Mean for Students in California?
The government reverting back to 2020 Title IX regulations will have a significant impact on students still in school in California. Some of the most notable things that will change:
Enhanced Due Process Protections for Accused Students
The 2020 regulations emphasize due process rights for individuals accused of sexual misconduct, including provisions for live hearings and cross-examinations. This can include rights like protections for the complainant and the respondent in the school administrative process.
Fewer Protections for LGBTQ+ Students
The removal of explicit protections for gender identity and sexual orientation may lead to increased vulnerability for LGBTQ+ students.
While the 2024 revisions specifically included these categories under the definition of sex-based discrimination, their absence after reverting to 2020 regulations leaves a gap in explicit federal protection.
A further executive order effectively bans transgender girls and women from participating in female sports events in schools and colleges.
What Does This Mean for Title IX Investigations in California Schools?
Schools and universities that receive federal funding must now follow the 2020 Title IX regulations again. But what does this mean in practical terms for schools, educators, and administrators?
- Investigator & Decision-Maker Separation: Schools must return to a system where the person investigating a complaint cannot be the same person deciding the outcome. This ensures a more impartial process.
- Live Hearings Required for Colleges & Universities: Higher education institutions must continue to hold live hearings for Title IX cases, where both sides can present evidence and witnesses.
What Will Happen to the Department of Education?
In early 2025, President Donald Trump signed an executive order initiating the dismantling of the U.S. Department of Education, aiming to reduce federal involvement in education and shift control to states and local entities. Completely abolishing the Department of Education requires congressional approval. While the administration is taking steps to reduce the Department of Education’s role, fully closing it would require legislative action.
Why Having a Title IX Attorney is As Important As Ever
With institutions now required to revert to the 2020 Title IX regulations, both complainants and respondents must navigate a complex and often adversarial legal landscape. This shift makes having a Title IX attorney more critical than ever for anyone involved to find out exactly what your rights are. With ever-changing rules and regulations about Title IX and campus misconduct, it’s easy to misinterpret or misunderstand an important rule that could be critical to your case.
Contact Hahn Legal Group Today
The Title IX attorneys at Hahn Legal Group have experience in Title IX law and can help you navigate the new change in regulations. We will help you find your best possible outcome and guide you through the process. Contact us today to see how we can help defend your Title IX case!
