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Schools and universities responding to sexual misconduct complaints must return to Trump-era Title IX policies, which require live hearings and provide additional protections for accused students, according to new guidance issued by the U.S. Department of Education, the Associated Press‘s Collin Binkley wrote via PBS News on Friday.
In a memo, the agency directed education institutions to enforce Title IX— the 1972 law prohibiting sex-based discrimination— based on rules established in 2020 by former Education Secretary Betsy DeVos. These rules dictate how sexual misconduct cases must be investigated and adjudicated, ensuring due process protections for accused students.
The move follows a federal judge’s decision in Kentucky to strike down the Biden administration’s Title IX regulations. That ruling effectively mandated a return to the policies enacted under the Trump administration. Schools across the country have already been reverting to the DeVos rules in recent weeks as a result.
A statement from the Education Department criticized Biden’s rule changes, calling them an “egregious slight to women and girls.” Acting Assistant Secretary for Civil Rights Craig Trainor reinforced the department’s position, stating, “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.”
The Biden administration had sought to broaden Title IX’s protections, including explicit coverage for LGBTQ+ students and an expanded definition of sexual harassment. However, U.S. District Judge Danny C. Reeves ruled on Jan. 9 that the administration had overstepped its authority, particularly in requiring schools to honor students’ preferred pronouns. The judge determined that Title IX, as written by Congress, did not suggest protections beyond its original scope.
Even before the ruling, Biden’s policy had been blocked in half of U.S. states due to legal challenges from Republican lawmakers. The DeVos-era Title IX regulations span over 500 pages and lay out detailed guidelines for investigating complaints and ensuring school compliance, a stark contrast to the law’s original 37-word text.
The Trump administration has already demonstrated a stricter approach to Title IX enforcement. This week, the Education Department launched an investigation into Denver schools after the district converted a girls’ restroom into an all-gender facility while maintaining a boys-only restroom.
The department’s memo instructs schools that even cases initiated under Biden’s Title IX rules “should be immediately reoriented to comport fully with the requirements of the 2020 Title IX Rule.”
Supporters of the DeVos policy argue that it safeguards due process for accused students and prevents colleges from rushing to judgment without fair hearings. However, critics, including victims’ rights groups, argue that the policies retraumatize survivors and discourage them from reporting assaults.
One of the most debated aspects of the DeVos regulations is the requirement for live hearings, where accused students are permitted to cross-examine their accusers through an advisor. The Biden administration had eliminated this mandate, making live hearings optional, though some courts had already upheld an accused student’s right to cross-examination.
In addition to procedural changes, the 2020 rules significantly narrowed the definition of sexual harassment and reduced the scope of cases schools must address. Colleges are now only held liable if they demonstrate “deliberate indifference” in handling complaints.
The Department of Education is currently undergoing further leadership changes. Trump’s nominee for education secretary, Linda McMahon, is awaiting her Senate confirmation hearing. A longtime Trump ally, McMahon is best known for co-founding World Wrestling Entertainment (WWE) with her husband, Vince McMahon.
