Title IX Compliance in 2025: Understanding the Reinstated 2020 Rules and the Title IX Enforcement Directive
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The rules governing how schools handle sexual harassment under Title IXÂ are shifting once again.
In 2020, the Trump administration introduced major changes to Title IX regulations. The Biden administration then revised them in 2024. However, a federal court recently struck down the 2024 regulations, meaning they are no longer legally valid. As a result, schools must now follow the 2020 regulations again.
To reinforce this, the Department of Education issued an updated enforcement directive confirming that schools must comply with the 2020 rules and that any Title IX investigations initiated under the now-vacated 2024 rule must be reevaluated to align with the 2020 framework.
Federal Court Decision and Executive Order Impact
On January 9, 2025, the United States District Court for the Eastern District of Kentucky vacated the entire 2024 Title IX Rule, making it unenforceable nationwide. Prior to this decision, other federal courts had already blocked the 2024 rule in 26 states. This means that no part of the 2024 regulations are currently in effect in any jurisdiction.
Additionally, on January 20, 2025, President Trump issued an Executive Order, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government. This order directs all federal agencies, including the Department of Education (ED) and the Office for Civil Rights (OCR), to enforce Title IX based on the 2020 regulations and the understanding that sex is defined as male and female.
What This Means for Schools
If you work at a school, you’ll need to update your policies on handling sexual harassment complaints. This post focuses on student-on-student sexual harassment policies. Schools should also check with HR professionals to see how the changes affect staff policies.
Schools must ensure compliance with both Title IX and any applicable state or local laws. In cases where there is a conflict, federal law takes priority.
Key Title IX Requirements Under the 2020 Regulations
Title IX Coordinator
Every school must have a Title IX Coordinator who handles sex discrimination and sexual harassment cases. Schools must provide the Coordinator’s contact information to:
Students
Parents/Guardians
Employees
Job applicants
Unions and professional organizations
The Title IX Coordinator must be trained in handling complaints properly. Schools can assign different Coordinators for student cases and staff cases.
Definitions You Need to Know
Since we’re back to the 2020 regulations, here are the key terms:
Actual Knowledge – When the Title IX Coordinator, school officials, or any K-12 employee learns of sexual harassment allegations.
Complainant – The person who claims to have been sexually harassed.
Respondent – The person accused of sexual harassment.
Formal Complaint – A document filed by the complainant (or signed by the Title IX Coordinator) requesting an investigation.
Retaliation – Any intimidation, threats, or punishment against someone for reporting sexual harassment or participating in an investigation.
Sexual Harassment – Includes:
Quid pro quo harassment – When a school employee offers benefits (like better grades or promotions) in exchange for sexual favors.
Severe, pervasive, and objectively offensive conduct that prevents someone from fully accessing educational programs.
Sexual assault, dating violence, domestic violence, and stalking (as defined by federal law).
What Counts as Sexual Harassment?
Sexual assault – Any non-consensual sexual act.
Dating violence – Harmful acts in a romantic relationship, determined by the length, type, and frequency of the relationship.
Domestic violence – Abuse involving spouses, cohabitants, or those sharing a child.
Stalking – Repeated actions that cause fear or emotional distress.
How Schools Must Respond to Sexual Harassment
Schools must take action when they become aware of sexual harassment. A school is responsible for responding if:
It knows about the harassment (through a report or direct knowledge).
The harassment happens within its programs or activities.
It affects a person in the U.S. (Title IX doesn’t apply overseas).
Steps Schools Must Take
When a school receives a report (not just a formal complaint), it must:
Offer support to the complainant.
Explain the complaint process.
Follow the complainant’s wishes on whether to file a formal complaint (except in serious cases where the school may decide to proceed).
Treat both parties fairly.
Not punish the accused person without conducting a formal investigation.
Who Can Report Sexual Harassment?
Anyone—not just the victim—can report harassment.
Reports can be made in person, by phone, email, or mail to the Title IX Coordinator.
Investigation Requirements
If a formal complaint is filed, the school must:
Investigate fairly and without bias.
Have a different person serve as the investigator and the decision-maker.
Let both parties review the evidence before the final decision.
Allow parties to have an advisor, including an attorney.
Use either the "preponderance of the evidence" or "clear and convincing evidence" standard, but must apply the same standard to students and employees.
Schools must provide a detailed written report of their findings and allow an appeal process.
Final Thoughts
Schools need to adjust their policies to comply with these returning 2020 rules. If you work in a school, here’s what you should do next:
Review and update your Title IX policies ASAP.
Train staff to follow the correct procedures.
Ensure students and employees understand their rights.
Make sure your school’s website includes your Title IX policies.
Review any open investigations initiated under the 2024 rule and ensure they align with the 2020 regulations.
By staying informed, schools can ensure compliance and create a safer environment for all students.
