Title IX has long served as a cornerstone of gender equity in education, ensuring no one is excluded or discriminated against based on sex in federally funded programs. With the possibility of Donald Trump returning to office, the future of Title IX regulations faces dramatic changes, particularly regarding LGBTQ+ protections and due process rights.
Title IX Under the Biden Administration
In August 2024, the Biden administration enacted updated Title IX regulations, expanding protections for LGBTQ+ students and removing the requirement for live hearings in sexual misconduct cases. Additional updates included:
- Protections for gender identity and sexual orientation.
- Faculty designated as mandatory reporters.
- Coverage of off-campus and international incidents.
- Enhanced support for pregnant and parenting students.
While these updates were praised by LGBTQ+ advocates, conservative groups in 26 states challenged their enforcement, leading to partial injunctions.
Trump’s First Term: A Foundation for the Future?
The Trump administration’s 2020 Title IX regulations focused on due process and included:
- Mandating live hearings and cross-examinations.
- Banning the single-investigator model.
- Narrowing the definition of sexual harassment.
Additionally, Trump rescinded protections for transgender students, fueling debates on inclusivity versus safety.
What to Expect Under a Second Trump Administration
1. LGBTQ+ Protections
Trump’s campaign has promised to redefine sex under Title IX in binary terms, excluding gender identity and sexual orientation. Policies barring transgender students from bathroom use and sports participation aligning with their gender identity are expected.
2. Due Process Rights
The reinstatement of live hearings and cross-examinations will likely return, pleasing some legal scholars but raising concerns among victims’ rights advocates.
3. Elimination of the Department of Education
Trump’s suggestion to dismantle the Department of Education could transfer Title IX enforcement to the Department of Justice, creating uncertainty for schools.
4. Transgender Participation in Athletics
A second Trump administration may abandon Biden’s delayed rule protecting transgender athletes and implement stricter exclusionary policies.
The Legal and Practical Fallout
If Trump reverses Biden’s changes, a patchwork of compliance will emerge, with some states adopting inclusive policies while others revert to older frameworks. Legal challenges are inevitable, leaving schools uncertain about their obligations.
Moving Forward: Advocacy and Institutional Autonomy
Colleges and universities can implement policies exceeding Title IX’s minimum requirements through shared governance and advocacy. Strategies include:
- Protecting due process through union contracts.
- Ensuring inclusive, equitable policies for all students.
- Defining sexual harassment clearly to prevent overreach.
Conclusion
A second Trump presidency could significantly reshape Title IX, particularly reducing protections for LGBTQ+ students and altering due process. However, institutions can play a vital role in safeguarding equity and inclusivity, setting higher standards beyond federal requirements
