President Donald Trump reinstated last week controversial policies for implementing Title IX, a 1972 law banning sex-based discrimination in schools.

On Jan. 31, the Department of Education issued a notice that schools and universities must abide by the 2020 Title IX Final Rule implemented by former Secretary of Education Betsy DeVos. The notice followed an earlier federal court ruling that overturned certain Biden administration policies that expanded Title IX to prohibit discrimination based on gender identity or sexual orientation. Originally implemented in 2024, 26 states had already paused the changes before they were struck down.

“The department will return to enforcing Title IX protections on the basis of biological sex in schools and on campuses,” a Department of Education press release read. “Returning to the 2020 Title IX Rule also ends a serious threat to campus free speech and ensures much stronger due process protections for students during Title IX proceedings.”

Under the DeVos Final Rule, colleges and universities can determine which employees are mandated reporters of sexual harassment. Institutions of higher education are required to “promptly” investigate sexual harassment claims in a manner that is not “deliberately indifferent,” or “not clearly unreasonable in light of known circumstances.”

In sexual harassment investigations, the accused must now be treated as innocent until a determination is reached at the end of a grievance process. This differs from standard civil cases, which determine liability based on harm to the victim.

Additionally, investigations require live hearings and cross-examination. The accuser and accused must have advisors — which universities must provide if the parties cannot — who will cross-examine the parties along with any witnesses. While the parties can be in separate rooms upon request, they must be able to see and hear each other through other means.

In the original 2020 Final Rule, institutions were required to dismiss statements if a party did not consent to cross-examination. This requirement was revoked in 2021 by a federal court, which upheld all other provisions of the Final Rule.

The DOE memo also mandated that any ongoing investigations for Title IX complaints, including ones that began under Biden’s rules, must abide by the newly outlined processes.

“This court decision means that institutions who updated their procedures and practice to comply with the 2024 regulations, like Binghamton, will now be returning to the regulations promulgated in 2020,” Andrew Baker, the Title IX coordinator at Binghamton University, wrote to Pipe Dream. “With this change is the opportunity to remind community members that Title IX is just one law providing rights at institutions in New York State. Rights and option[s] are also guaranteed to students who have experienced sexual harassment/discrimination — including dating violence, domestic violence, stalking, and sexual assault — by state law, and apply regardless of an individual’s sex, gender identity or expression, or sexual orientation.”

Colleges and universities in New York are required to adopt guidelines to address sexual harassment, including providing prevention and awareness training. They must also implement a bill of rights for students who experience sexual harassment and assault.

The University facilitates sexual harassment complaints through the CARE Team, which provides options including no-contact orders, Title IX investigations and additional support. Students who have experienced sexual harassment can receive private and confidential support services, including at the Violence, Abuse and Rape Crisis Center, the University Counseling Center, the Crime Victims Assistance Center and Decker Student Health Services Center.

Victim advocacy groups derided the DeVos rules as a step back in addressing sexual assault on campuses. In particular, required live hearings have been criticized as being potentially retraumatizing for victims of sexual assault.

The Feminist Collective, an intersectional and abolitionist political organization, condemned the changes as harming progress for sexual assault survivors.

“The rollback of Title IX protections is not just a policy change, it is a setback in the ongoing fight for justice and equity,” they wrote in a statement on Instagram. “By narrowing the definition of sexual assault and reinstating mandatory live cross-examinations, these changes create additional barriers for survivors seeking justice. They jeopardize the progress made under previous reforms and foster an environment that retraumatizes survivors and discourages them from coming forward.”

In an executive order issued on his first day in office, Trump instructed all government agencies to recognize two binary, unchangeable sexes and decried “gender ideology.” [HYPERLINK: https://www.bupipedream.com/news/two-genders-executive-action/161157/] The executive order reversed Biden-era interpretations of Title IX under the Supreme Court’s 2020 ruling in Bostock v. Clayton County — which protected LGBTQ people from employment discrimination — to require single-sex spaces such as bathrooms.

“These actions are not isolated decisions; they reflect a broader pattern of neglecting the needs and rights of marginalized communities, including women, LGBTQ+ individuals, people of color, and pregnant individuals,” the Feminist Collective wrote. “The Feminist Collective stands in firm opposition to these regressive measures. We are committed to advocating for policies that protect, support, and empower all survivors, ensuring their voices are heard, their experiences validated, and their rights defended.”