5 Things Schools Need To Know About Title IX Changes

In the early months of 2025, numerous changes to Title IX have left schools, students, and parents in a tailspin of confusion. How can our hard-earned rights change so quickly? Around this very same time last year, the Biden administration offered stricter protections against sexual harassment to shield students from unjust, dangerous, and discriminatory behavior.

In January 2025, the Trump administration vacated these rules, describing it as a “presidential overstep,” partially citing the addition of mandatory use of preferred pronouns as a violation of free speech. Whatever convoluted reasons the new presidential administration may have, schools and universities need to know about Title IX changes in order to uphold respect and protect their students.

2024 Changes Under the Biden Administration

Expanded Protections

One of the most notable updates under the Biden administration was the strengthened protections against sex-based harassment, with explicit inclusion of LGBTQ+ students and pregnant or parenting students. This was a crucial step in ensuring that all students, regardless of their identity or circumstances, feel safe and supported within their educational environments.

Elimination of Live Hearings

The requirement for live hearings with cross-examinations in campus disciplinary processes was removed. This change allowed institutions greater flexibility in handling cases while aiming to reduce the risk of re-traumatizing survivors of sexual misconduct. By eliminating this potentially intimidating step, the new rules focused on fostering a more compassionate process for all parties involved.

Broader Jurisdiction

Under the new regulations, Title IX’s jurisdiction expanded to cover incidents that occur off-campus or internationally. This update addressed long-criticized limitations in the policy. Students who experience harassment or discrimination during off-campus activities, such as study abroad programs or off-campus housing, are equally protected.

New Definition of Sexual Harassment

The definition of sexual harassment was also revised by the Biden administration to make it more inclusive and reflective of the realities faced by today’s students. Under the Biden administration, the definition was as follows: “Schools must address sex-based harassment if it is so ‘severe or pervasive’ that it ‘denies or limits’ a person’s ability to participate in a school program or activity.” By adopting a more comprehensive definition, the regulations sought to recognize and address diverse forms of harassment that were previously overlooked.

Clarity on Discrimination

Finally, the new regulations clarified that discrimination based on sexual orientation, gender identity, and pregnancy is unequivocally prohibited under Title IX. Under Biden, the definition of sex discrimination included “discrimination based on sexual orientation, gender identity, sex characteristics (including intersex traits), and sex stereotypes under Title IX.” This explicit guidance reinforced a commitment to inclusivity and fairness so that no individual is left unprotected or marginalized.

2025 Changes Under the Trump Administration

Narrowed Definition of Sex

Under the 2025 changes implemented by the Trump Administration, the definition of sex was narrowed to focus solely on biological sex, excluding gender identity. This shift rolled back protections for LGBTQ+ students, leaving many vulnerable to discrimination and exclusion within educational institutions.

By limiting the scope of Title IX protections, these changes disregarded the lived experiences of transgender and non-binary students, eroding safeguards that had been carefully established to foster inclusivity and equality. Critics of this approach emphasized that enforcing such a rigid and exclusionary definition fails to acknowledge the diversity of identities within school communities.

Reverted Sexual Harassment Definition

The definition of sexual harassment under Title IX reverted to the stricter standard that was first established during the Trump administration in 2020. The rollback included the removal of the broader interpretation of sexual harassment that was implemented during the Biden administration. The Biden-era rules acknowledged that a wider range of behaviors, such as verbal harassment or single incidents that caused a hostile environment, could also constitute harassment.

However, the Trump administration’s renewed approach mandated higher thresholds for conduct to qualify, limiting the protections available to individuals experiencing harassment. This definition’s rigidity potentially leaves many victims without adequate recourse, narrowing the scope of Title IX protections in educational institutions.

Restricted Overall Jurisdiction

One of the most significant changes to Title IX under the Trump administration was the restriction of its overall jurisdiction. These adjustments narrowed the law’s applicability to incidents occurring strictly within educational institutions’ programs or activities on campus. This shift excludes a wide range of cases, particularly those occurring off-campus or in locations not directly tied to the institution’s control.

This created a troubling gap in protections for many people, as harassment or assault often occurs outside the boundaries of the campus. These restrictions undermine Title IX’s core purpose of ensuring equity and safety in education by leaving countless students without access to the support or accountability they might need. Harassment that happens off campus, between faculty and/or the student body, can easily recur on campus. Without proper recourse, the students are vulnerable to re-offense.

Changed Due Process in Sexual Misconduct Cases

Another noticeable shift was the reinstatement of live hearings and cross-examinations in cases involving allegations of sexual misconduct. These changes marked a significant return to stricter due process rights for individuals accused of misconduct. The argument is that it is necessary to ensure fairness and prevent unjust outcomes, as they provided a structured avenue for both parties to present evidence and question testimonies directly.

However, there is a serious potential for re-traumatization of survivors during the live questioning process. This change also severely limits flexibility for those who may struggle to attend hearings, including pregnant students and those with physical disabilities and impairments.

How do live hearings procure just outcomes? The jury is still out. What we do know is that polling tells us people view virtual courts as more user-friendly and feel more comfortable during testimony, especially when respondents don’t have to be in the same room as their abuser.

Rolled Back LGBTQ+ Protections

Another major and devastating Trump administration change is the exclusion of LGBTQ+ individuals from the scope of Title IX protections. This effectively removes safeguards against discrimination based on sexual orientation or gender identity in educational settings. This policy shift creates an environment where many LGBTQ+ students are left vulnerable to harassment, exclusion, and inequitable treatment.

The concern is that these changes undermine the purpose of Title IX, which aims to ensure equal opportunities and protect students from discrimination. The rollback jeopardizes the safety and well-being of LGBTQ+ individuals, leaving them little to no recourse if the harassment is not based on a victim’s sex assigned at birth.

Overall Impact

While proponents argue that they restored due process rights and upheld constitutional principles, critics are concerned about how the revisions limit protections for LGBTQ+ students and survivors of sexual harassment or assault. By framing gender strictly through a biological lens, the policy changes excluded the lived realities of transgender and non-binary students, consequently alienating them from critical support systems within educational institutions. The emphasis on rigid legal standards also creates procedural barriers that discourage vulnerable individuals from coming forward, further perpetuating a culture of silence and inequity.

School administrators, students, parents, and every affected individual need to know one simple truth: just because Title IX has undergone detrimental changes doesn’t mean you’re alone. The Law Firm of Tamara N Holder always has a team of Title IX attorneys at the ready to fight ceaselessly for your civil rights and against sexual discrimination. Education is a fundamental right, and nobody should have to suffer from harassment or inequity in their pursuit of knowledge.