Title IX Regulations: From Expansion to Rollback 

Written By Maggie Shellene

From the DARCC Education Department, Maggie Bego, Director of Education

Over the past two years, federal regulations governing how colleges address sexual harassment and assault have changed significantly. Institutions must adapt to shifting requirements that affect reporting, investigations, and support for students. These changes have particular implications for survivors and populations already facing systemic barriers to safety and equity. 

2024 Title IX Regulations 

In April 2024, the Biden administration finalized Title IX regulations aimed at expanding protections for students. Key provisions included: 

  • Broadened Definition of Sexual Harassment: Covered incidents occurring on campus, off campus, and in international settings (ACE). 

  • Expanded Protections: Explicitly included LGBTQ+, pregnant, and parenting students (House Committee on Equality). 

  • Process Changes: Eliminated mandatory live hearings with cross-examination to reduce potential trauma for survivors (Student Discipline Defense). 

  • Institutional Responsibilities: Required prompt response to complaints and provision of supportive measures without a formal complaint. 


Impact: 

  • More incidents qualified for investigation, allowing survivors broader access to formal protections. 

  • Survivors could engage with the process without facing the alleged perpetrator directly, reducing potential retraumatization. 

  • Colleges updated policies, trained staff, and provided supportive measures such as no-contact orders, counseling referrals, and academic accommodations (ACE). 

  • Broader protections increased access to resources for students from historically marginalized groups and populations that face systemic barriers, including LGBTQ+, pregnant, and parenting students (House Committee on Equality). 

     

2025 Reinstatement of 2020 Regulations 

In January 2025, a federal judge vacated the 2024 rules nationwide, citing authority and procedural issues (Wernz, 2025; Cardona, 2025). The Department of Education reinstated the 2020 regulations, originally implemented under the Trump administration. Key provisions include: 

  • Narrower Definition of Sexual Harassment: Coverage limited to incidents occurring within school programs or activities (CNN). 

  • Formal Hearing Procedures: Required live hearings with cross-examination. 

  • Scope: Off-campus and international incidents are generally excluded. 

  • Institutional Obligations: Limited to cases where certain employees have actual knowledge of misconduct (Bernstein Shur, 2025; Ed Gov). 


Impact on Survivors and Students: 

  • Fewer incidents qualify for investigation, potentially limiting access to institutional support. 

  • Formal hearing procedures may create an adversarial environment, which can be stressful for survivors. 

  • Students experiencing harassment off campus, in private settings, or during study-abroad programs may not receive protection under Title IX. 

  • Populations already facing challenges, including LGBTQ+, pregnant, and parenting students, may encounter reduced access to supportive measures and reporting avenues (Inside Higher Ed; Shibley, 2024). 

  • Colleges must revise policies, retrain staff, and ensure compliance with 2020 procedures while maintaining survivor-centered support (Title IX Consult, 2025). 


Comparing 2024 and 2025 Regulations 

The chart below provides a side-by-side comparison of the 2024 expanded rules and the 2025 reinstated 2020 rules. It highlights differences in scope, procedures, and potential impacts on students and survivors. 

Title IX Rules Comparison: 2024 vs. 2025 

Title IX Rules Comparison 2024 vs. 2025

 
The chart illustrates how the reinstatement of the 2020 rules reduces the scope of coverage, reintroduces formal hearings, and may limit access to support for certain populations. 

Campus Climate Considerations 

Regulatory changes affect campus culture and student experience: 

  • Students may perceive inconsistencies in protections, influencing reporting rates and willingness to engage with institutional processes. 

  • Survivors from historically marginalized populations may experience reduced trust in institutional support systems. 

  • Clear, consistent communication regarding rights, reporting procedures, and available supports is essential to maintain confidence in campus safety and equity. 

Recommendations for Institutions: 

  • Audit Policies: Ensure alignment with 2020 regulations (Bernstein Shur, 2025). 

  • Train Staff: Provide ongoing education for Title IX coordinators, investigators, and faculty. 

  • Document Processes: Maintain thorough records of cases and institutional responses. 

  • Communicate Clearly: Inform students and staff of rights, reporting options, and supportive measures. 

  • Consult Legal Counsel: Address ongoing cases under the 2024 rules and prepare for potential future regulatory changes (Inside Higher Ed; Shibley, 2024). 

 

Sources: 


ACE  
House Committee on Equality 
Student Discipline Defense 
CNN  
ED Gov  
Title IX In Flux: What Schools Need to Know Right Now 
McMahon's Title IX Comments Cause Confusion, Concerns 
New Title IX Regs Are A Confusing Mess That Threatens Student Rights  
Education Litigation Updates 
Title IX and DOE Confusion 
It's 2025, but the 2020 Title IX Rule is Back 

Maggie Shellene
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