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CORE FEATURES OF THE 2020 RULE (NOW ENFORCED AGAIN)
Feature Description
Easy Identification of Title IX Coordinator
Grievance Procedure
Definition of Harassment
Training for All Staff
Due-Process Emphasis
Supportive Measures
School districts must prominently display on the district’s website its nondiscrimination statement and contact information for the Title IX Coordinator. We regularly find outdated coordinator information in the Policy Online exhibits used for that purpose. We recommend you assign someone to maintain these exhibits or remove the exhibits and allow the information to be shared on the website in other places.
Districts must have a grievance procedure that comports with the 2020 regulations for responding to all reports of sexual harassment and a process for investigating formal complaints.
Only “severe, pervasive, and objectively offensive” conduct qualifies as Title IX sexual harassment. Current DOE interpretation is that sex is “sex assigned at birth” and not gender-identity.
All staff must be trained on the definition of “sexual harassment,” school policies, and reporting requirements. Any knowledge of sexual harassment by a single employee will be imputed to the district.
Strong presumptions of innocence, conflict-free adjudicators, transparent training materials, and strict timelines are required.
Non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, without fee or charge to the Complainant and Respondent, when a report of alleged sexual harassment is made (even if no Formal Complaint is filed). These may include counseling, change of schedules/classes, campus escort or monitoring support, mutual restrictions on contact between the parties, increased security and monitoring, or other similar measures.
Formal Complaints
Dismissal Requirements
Discipline
Multiple Staff Roles
Public Resources
Document Retention
All reports of sexual harassment must be addressed, but extensive notice, investigative, and appeal procedures apply to written Formal Complaints.
Formal Complaints not meeting the narrow definition must be dismissed though schools may address them via other codes. Districts must dismiss if the conduct alleged would not constitute sexual harassment if proved; did not occur in a school program or activity; or did not occur in the U.S. Formal Complaints may be dismissed if the Complainant withdraws the allegations or complaint in writing; the Respondent is no longer enrolled; or specific circumstances that prevent the school from gathering evidence sufficient to reach a determination as to the allegations. Dismissal does not preclude the school from taking disciplinary measures for non-sexual harassment violations of the Code of Conduct.
Respondent may not be disciplined for sexual harassment unless, following the grievance procedure, the decision-maker finds them responsible for engaging in such conduct. However, the district can discipline for non-sexual harassment violations of the Code of Conduct.
In addition to a Title IX Coordinator, the 2020 regulations require investigators, separate decision-makers, and appellate decisionmakers, all of whom must be properly trained.
DOE requires publication or accessibility of Title IX training materials on district websites.
Documentation of Title IX records must be maintained for at least 7 years.
Key Policy Shifts And Executive Actions
1. EXECUTIVE ORDERS
• January 20 EO (“two sexes”): Reinforced biological sex definitions under Title IX
• February 5 EO (“Keeping Men Out of Women’s Sports”): Seeks to prohibit biological males from participating in female sports with potential funding consequences.
2. DOE-DOJ Enforcement Teams
• A new Title IX Special Investigations Team (SIT) focuses on schools, districts, and colleges that allow transgender students in girls’ bathrooms and sports. Transgenderinclusive policies face investigations and possible funding loss.
3. Legal Action Against States and Districts
• The Trump administration has initiated lawsuits against Maine, Minnesota, and California’s Departments of Education and sports associations, alleging Title IX violations for permitting biological males in girls’ sports. They demand policy reversals, restoration of awards to female athletes, funding withholding, and legal compliance.
Implications For Educators And Institutions
1. Policy Revision and Compliance
• Revisions Required Schools should revert policy documents, handbooks, training, and procedures to align with the 2020 rule: biological sex, narrower definition of sexual harassment, formal complaint investigation and appeal procedures, etc.
2.
Training and Infrastructure
• Revise Staff Training
All Title IX personnel, including coordinators, investigators, and decision-makers, must be retrained per 2020 standards, ensuring impartiality, supportive measures, notice requirements, investigation report elements, adequate documentation, and record keeping. The Firm now offers a Title IX Library subscription that helps districts stay compliant with the latest regulations. For more information: https://www.edlaw. com/membership-subscriptions/
• Texas Title IX Conference
Lawyers and veteran school administrators from around the state will cover all of this and more at the Texas Title IX Conference in Round Rock, Texas on October 28-29, 2025. This conference is designed to provide realistic support to school administrators to protect both their students and their districts in Title IX matters, including a comprehensive review of the duties of Title IX Coordinators, the 2020 regulations, and recent litigation. For more information: https://www.edlaw. com/training/2025-texas-title-ixadministrator-conference/
Conclusion
Under the Trump Administration 2.0— specifically post-January 2025—Title IX is reverting to the 2020 Trump-era framework. Educators and institutions must audit and revise their policies, procedures, and training to ensure Title IX compliance.
