Title IX remains a socio-political and legal football.

On April 19, 2024, the U.S. Department of Education, Office for Civil Rights (the Department), released its 2024 Title IX regulations, which included significant departures from the 2020 Rule, including expanding the definition of sex-based discrimination and harassment, and broadening what triggers an institutional response obligation. It also introduced a level of institutional discretion absent in the 2020 Final Rule.

Litigation ensued, challenging various aspects of the 2024 Final Rule, in particular the inclusion of “gender identity” as a protected category within sex-based harassment. On January 9, 2025, the U.S District Court for the Eastern District of Kentucky issued its decision in Tennessee v. Cardona, vacating the 2024 Final Rule by ruling that that the Department exceeded its authority in implementing the regulations and that the 2024 Final Rule and its corresponding regulations also violated the U.S. Constitution.

Nine days later, Donald J. Trump was sworn in as the 47th President of the United States, and thereafter the Department issued a new Dear Colleague Letter announcing its intention to enforce the 2020 Final Rule. In the weeks since, the Department has made enforcement of a narrow definition of gender in both investigations and athletics participation a keystone priority, most recently announcing an interagency task force toward that end.

Please join NACUA for a 2-hour webinar, in which our member experts will provide an in-depth exploration of the rapid transformation of Title IX over the last twelve months. This webinar will equip you with the knowledge to navigate confidently in the current era of Title IX enforcement.

Note: This webinar is a follow-up to a webinar that was presented on May 17, 2024, and a complimentary briefing that was presented on January 24, 2025. It will be of interest to postsecondary counsel who handle sexual misconduct matters, Title IX coordinators and investigators, student affairs professionals, human resources professionals, and other campus administrators responsible for student and employee misconduct matters.