Schools and universities across the United States will revert to policies established during President Donald Trump’s administration, following new guidance from the Education Department. This shift, which aims to address complaints of sexual misconduct, includes requirements for live hearings and greater protections for accused students.
On January 31, 2025, the Education Department sent out memos clarifying how Title IX, the landmark 1972 law prohibiting sex discrimination, would be enforced moving forward. According to the memo, the rules will now closely follow those established by former Education Secretary Betsy DeVos, dictifying the investigation of misconduct complaints and the processes for resolving disputes between students.
The Education Department’s new guidance marks the latest development following a recent federal court ruling overturning the Biden administration’s Title IX regulations. This ruling, issued on January 9, found aspects of the Biden rules to infringe upon constitutional free speech rights and suggested they represented executive overreach. The case prompted many institutions to realign their policies back to those outlined under DeVos’ tenure.
Acting Assistant Secretary for Civil Rights, Craig Trainor, stated, “Under the Trump administration, the Education Department will champion equal opportunity for all Americans, including women and girls, by protecting their right to safe and separate facilities and activities in schools, colleges and universities.” This perspective underlines the administration's focus on ensuring fair treatment for all parties involved.
While the shift has garnered some support, particularly from advocates concerned about fairness for accused students, it has also faced considerable criticism. Victims’ rights groups have claimed the previous policies resulted in environments where sexual assault survivors felt retriggered and discouraged from reporting incidents. Critics argue the requirements for live hearings, where accused students can cross-examine their accusers, create additional trauma for victims.
The memo outlines how even investigations initiated during the Biden era should now align with the 2020 Title IX Rule. This move indicates the Education Department's intention to overhaul handling processes at the institutional level drastically.
With this ruling, colleges and universities may be held liable only if they acted with “deliberate indifference,” significantly narrowing how cases of alleged sexual harassment are approached. Advocates supporting the 2020 rules praise this as providing necessary checks on institutions, arguing colleges often act too hastily to punish accused students without due process.
On the other hand, the reversal to the previous policy raises questions about the effectiveness of such measures. The live hearings mandated under DeVos’ approach have been described as challenging for victims, making them reluctant to come forward due to fear of facing their alleged perpetrators directly.
The Education Department’s action adds another layer to the complex dialogue around sexual assault and Title IX on U.S. campuses. The transition back to Trump's policies signals significant change from the Biden administration's expansion of Title IX to include protections for LGBTQ+ students and to broaden definitions of harassment.
Looking forward, schools across the nation will have to navigate the new expectations set forth by the Education Department. The guidelines are expected to spark fresh debates about the balance between protecting survivors of sexual violence and providing fair treatment for the accused.
“The new memo says even investigations...‘should be immediately reoriented to comport fully with the requirements of the 2020 Title IX Rule,’” AP reports, emphasizing the urgency with which institutions must adjust their protocols. Education leaders are now faced with the challenge of reconciling these new policies with the needs and rights of their student bodies.
This recent shift occurs amid broader societal scrutiny of sexual violence and the governmental measures meant to combat it. The future of Title IX enforcement and its impact on students will be pivotal as these institutions adapt to the ever-evolving legal standards relating to gender and sexual misconduct.