The Trump administration’s changes to Title IX serve to attack rather than protect
.jpg&w=1920&q=75)
Reversions to Title IX reflect the administration’s disingenuous claims around federal protections
By THE EDITORIAL BOARD — opinion@theaggie.org
On Sept. 28, the Trump administration formally withdrew Biden-era updates to Title IX, the federal civil rights law prohibiting sex discrimination in schools receiving federal funding.
Passed in 1972, Title IX reads, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
The law obligates schools to address claims of sex discrimination, including reports of sexual violence, and provide equal academic and athletic opportunities for students regardless of sex.
In May 2020, during Donald Trump’s first term, Education Secretary Betsy DeVos implemented widely criticized changes to Title IX, narrowing the scope of sexual harassment claims schools were mandated to respond to. DeVos’ changes also required colleges to hold live hearings in which advisors for each party could cross-examine the other party and witnesses.
The Biden administration reversed course, eliminating the live cross-examination requirement and expanding Title IX protections to encompass discrimination based on sex stereotypes, sexual orientation and gender identity. These changes were blocked by federal court injunctions in 26 states before a federal district court vacated the rule nationwide on Jan. 9, 2025.
When Trump returned to office later that month, his administration resumed enforcement of the Title IX regulations of his previous term. Last week, the Biden administration’s Title IX regulations were formally rescinded, restoring the 2020 regulations to the Code of Federal Regulations.
The Department of Education released a fact sheet about the recent changes titled “Restoring Title IX Protections for Women and Girls.” The Title IX Special Investigations Team, created by the departments of Education and Justice in April 2025, similarly cited a “staggering volume of Title IX complaints” as the catalyst for its formation.
The purpose of the team, according to a press release from the Department of Education, is “to ensure timely, consistent resolutions to protect students, and especially female athletes, from the pernicious effects of gender ideology in school programs and activities.”
Analysis of Education Department data by ProPublica, however, calls into question the administration’s portrayal of the civil rights complaints facing the department. The largest share of pending civil rights complaints when Trump took office — roughly 6,000 of the approximately 12,000 complaints under investigation — concerned students with disabilities reporting mistreatment or denial of accommodations. About 3,200 regarded racial discrimination and roughly 1,000 involved sexual misconduct. This caseload does not suggest that disputes concerning transgender students constitute the department’s “staggering volume” of complaints.
The Trump administration has repeatedly presented its effort to target transgender students as evidence of its commitment to protecting women and girls. However, advocates and civil rights organizations have criticized the 2020 rules’ higher threshold for school intervention in sexual harassment cases and live-hearing requirements. Nicholas Hite, senior attorney at Lambda Legal, argued these regulations deprive survivors of protections.
“Title IX exists so every student can learn free from harassment and assault,” Hite said. “Yet this rule from the Trump administration lets schools look away until harm becomes severe and pervasive, and forces survivors through re-traumatizing, courtroom-style cross-examination just to be heard.”
In recent weeks, “The Cornell Seven” case — in which a former Cornell University student alleged she was drugged and sexually assaulted by seven fraternity members in 2024 — has brought widespread attention to universities’ responsibility to protect students from sexual violence. Against this backdrop, the disparity between the administration’s rhetoric and policies is particularly striking. The Trump administration has invoked the safety of women to justify the targeting of transgender students while implementing regulations that weaken protections for students experiencing sexual assault and harassment.
“Sexual harassment and assault continue to be pervasive in schools and, to the fullest extent possible, we should be working to enforce the laws that protect student survivors of sexual violence,” Shiwali Patel, senior director of education justice at the National Women’s Law Center, said. “Yet, Education Secretary Linda McMahon and the Trump administration have decided to ignore what survivors need, instead weaponizing Title IX to attack trans students.”
Patel’s criticism points to the false choice presented by the Trump administration’s framing between protecting women and protecting transgender students. The two are not mutually exclusive. Schools have an obligation to protect students from both discrimination and sexual violence.
Women’s safety should not be invoked to justify policies that marginalize transgender students while leaving survivors of sexual harassment and assault with fewer institutional protections. As federal protections continue to shift, educational institutions must remain committed to ensuring that all students can learn free of discrimination and violence.
Written By: The Editorial Board — opinion@theaggie.org