Title IX has long been a cornerstone of the federal education policy, shaping how colleges handle cases of discrimination, harassment, and assault. Over the years, different administrations have revised Title IX regulations, significantly impacting students’ rights and institutional responsibilities.
The Trump administration introduced several changes that altered how schools investigate and respond to Title IX complaints. These changes sparked debates about due process, victim protections, and the balance of rights in disciplinary proceedings.
At DC Student Defense, we help students nationwide navigate the complexities of school disciplinary actions, including those related to Title IX cases. If you are facing an investigation or need guidance, our team can help you understand your rights and options.
This blog explores the key changes to Title IX under the Trump administration, how they impact students and schools, and what these shifts mean for those involved in campus disciplinary proceedings.
Understanding Title IX and Its Purpose
Title IX is a federal law that prohibits sex-based discrimination in education programs and activities that receive federal funding. This includes policies related to:
- Sexual harassment and assault
- Gender-based discrimination
- Equal access to educational opportunities
- Protections for students accused of misconduct
Over the years, the interpretation and enforcement of Title IX have shifted based on policy changes from different presidential administrations. The Trump administration’s approach focused on increasing protections for students accused of misconduct, rather than the victim, while also redefining how schools handle complaints.
Key Changes to Title IX Under the Trump Administration
In 2020, the U.S. Department of Education, under former Secretary Betsy DeVos, issued new Title IX regulations that significantly changed how schools process sexual misconduct allegations. The key changes included:
1. Stronger Due Process Protections for the Accused
- Schools were required to hold live hearings with cross-examination, allowing both the accuser and accused to question each other through an adviser.
- The definition of sexual harassment was narrowed, requiring conduct to be “severe, pervasive, and objectively offensive” to qualify under Title IX.
- Colleges and universities could use either a “preponderance of the evidence” or “clear and convincing” standard when deciding cases, shifting the burden of proof in some instances.
2. Limited School Responsibility for Off-Campus Conduct
- Institutions were only required to investigate incidents that occurred within their own programs or activities, which meant that many off-campus cases were no longer subject to Title IX procedures.
- This change greatly reduced the number of cases colleges and universities were required to handle, leaving some students without clear avenues for recourse.
3. Mediation and Informal Resolution Options
- Under previous guidance, informal resolutions like mediation were not allowed in sexual assault cases. The Trump administration’s rule changes permitted mediation as an alternative to formal investigations, which some viewed as a more balanced approach, while others worried it could discourage survivors from reporting misconduct.
4. Flexibility for Schools in Handling Complaints
- The rules gave schools more discretion in setting their own policies for handling Title IX cases, leading to significant variations in how different institutions applied the regulations.
- Some schools adopted policies that leaned heavily toward due process for the accused, while others maintained stricter enforcement approaches.
Then, in 2024, the Biden Administration issued the Title IX Final Rule in April 2024, which broadened Title IX protections by including “gender identity”. Earlier this year, the court vacated these regulations and ruled that the 2020 Title IX regulations were to be followed.
The Impact of These Changes on Students
The Trump administration’s Title IX revisions sparked controversy, with critics arguing that the new rules made it harder for victims of sexual misconduct to seek justice, while supporters praised the emphasis on fairness and due process.
For students facing Title IX cases, these changes meant:
- A more legalistic and complex disciplinary process
- Higher stakes in hearings due to cross-examination
- Increased difficulty proving sexual harassment claims under the narrower definition
- Fewer protections for off-campus incidents
Regardless of where you stand on the debate, navigating a Title IX investigation became more challenging under these rules. Having a knowledgeable Title IX lawyer on your side can help ensure your rights are protected throughout the process.
Why Legal Support is Essential for Title IX Cases
If you are involved in a Title IX case—whether as a complainant or respondent—having support from an experienced Title IX student defense lawyer can make a significant difference. Not only can the process be overwhelming, but regulations are constantly changing, making seeking advice from an attorney more important than ever.
At DC Student Defense, we work with students nationwide to ensure their rights are upheld in Title IX and other school disciplinary proceedings. Whether you are facing Title IX allegations, need to file a complaint, or simply have questions about the process, our lawyers can help you navigate the system effectively.
Contact the Student Defense Lawyers at DC Student Defense Today
If you are dealing with a Title IX investigation or disciplinary action, don’t face it alone. Call us at 855-965-3253 or schedule a consultation online to discuss your Title IX case and explore your options. Rest assured, with the right support from DC Student Defense, you can navigate the process and work towards the best possible outcome for your future.
