Colleges and Universities Prepare to Implement New Title IX Rule Amid Fluid Legal Situation

July 29, 2024

The new regulations, which go into effect Aug. 1, overhaul the Trump Administration’s Title IX regulations, marking a new era for how colleges and universities handle cases of sexual harassment and assault while expanding protections for LGBTQ+ and pregnant students. The Department of Education’s (ED) Office for Civil Rights has released a pointer sheet and video to assist institutions in carrying out the rule.

A variety of federal district court rulings, however, have blocked the rule from taking effect at many institutions, at least for now. Last week, another federal judge blocked ED from enforcing the regulations in an additional six states, bringing the total number of states blocked from administering the rule to 21. Additionally, a prior ruling from a district court in Kansas blocked enforcement at any institution in any state attended by members of certain organizations (ED lists the impacted institutions here).

The Biden administration has asked the Supreme Court allow at least parts of the rule to take effect in the Louisiana and Tennessee cases, and the Supreme Court may rule this week, although this would not have any impact on the other decisions. Given the fluid legal situation, it continues to be advisable for institutions to consult with their legal counsel regarding their Title IX obligations. ACE will continue to monitor and update this evolving situation.

The implementation of the Title IX rule is the latest event in what has been a busy regulatory summer for institutions, with multiple other regulations having already gone into effect. Additionally, the Supreme Court in June overturned the Chevron doctrine, which, as ACE’s Jon Fansmith wrote in Inside Higher Ed, will greatly impact how federal regulations impact colleges and universities and could lead to chaos.