2024 Title IX Regulations Struck Down

On January 9th, a federal district court in Kentucky issued the first decision impacting the 2024 Title IX regulations nationwide. The court’s opinion concludes that the regulations are unlawful and must be vacated, or taken “off the books,” because they “exceed the [Department of Education’s] authority under Title IX, violate the Constitution, and are the result of arbitrary and capricious agency action.” The decision applies to all of the 2024 Title IX regulations; it is not limited to parts that extended Title IX protections to sexual orientation and gender identity.

Unlike prior injunctions related to the 2024 Title IX regulations, this decision is relevant to all educational institutions that receive federal funds nationwide. Unless the decision is blocked or reversed on appeal, the Department of Education must not enforce the 2024 Title IX regulations and will revert to the 2020 regulations. While the incoming administration is not expected to defend the 2024 regulations—and a successful appeal by a third party seems unlikely—a third party could still try to intervene and appeal the decision in the coming weeks.

This decision creates new considerations for Title IX implementation. Importantly, schools and colleges should consult their legal counsel about complex issues related to updating policies and handling current and future sexual harassment complaints under Title IX regulations. Among other notable differences from the 2024 rules, the 2020 regulations prohibit the “single investigator model” and require decision-makers to follow specific procedures. Some institutions that recently adopted new policies and procedures may be hesitant to completely overhaul them yet again. Nonetheless, additional changes will likely be necessary to comply with the now-operative 2020 Title IX regulations. Other institutions may welcome the opportunity to “downsize” their Title IX policies and return to the more limited scope of the 2020 regulations. In either case, we anticipate institutions may need to provide additional guidance and training to employees who handle allegations of sex discrimination, and Robbins Schwartz continues to offer trainings and materials from our 2020 Title IX Toolkits.

We are closely monitoring this litigation and any Department of Education guidance for relevant updates. For any questions related to the court’s decision or requirements for Title IX compliance, please contact your Robbins Schwartz attorney.

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