Title IX Updates: Women’s Sports and Sexual Harassment
Amid a rapidly moving landscape, here’s where Title IX stands on key issues following multiple executive orders, court decisions, and a new Dear Colleague Letter
Following a flurry of activity from the new administration, many are left wondering about the status of key federal protections for women and girls. WoLF’s legal experts break down the latest news related to Title IX, including President Trump’s two related Executive Orders, the status of the 2024 Title IX Regulations, and the recent Dear Colleague Letter.
Timeline of Recent Events
Jan 9: Ruling on 2024 Title IX Regulations
Prior to President Trump taking office, the U.S. District Court for the Eastern District of Kentucky issued a ruling vacating the Biden Administration's 2024 Title IX regulations in their entirety. These regulations resulted from a 2021 Executive order by President Biden, which WoLF fought at every step in the process. The United States has the opportunity to appeal this decision, however, it is not likely to do so under the current administration which supports the decision.
Legally, this means that the 2020 rules are currently in effect across all jurisdictions. This means that the 2024 regulations, which redefined sex to include “gender identity,” are no longer in force. The 2020 rules focused on sexual harassment and due process for handling Title IX complaints (see: Sexual Harassment Status Summary)
Jan 20: Executive Order
On his first day in office, President Trump issued an Executive Order “Defending Women From Gender Ideology Extremism and Restoring Biological Truth To The Federal Government”.
The order has sweeping implications, among them, the order directed the Attorney General to issue guidance to agencies on protecting sex-based distinctions, and the Education Secretary to rescind multiple guidance documents from previous administrations that put “gender identity” into schools. Read more about that order and its full implications here.
Jan 31: Dear Colleague Letter
On January 31, Craig Trainor, Acting Assistant Secretary for Civil Rights at the Department of Education issued a Dear Colleague letter in response to the Jan 9 court decision and Jan 20 executive order. A Dear Colleague letter is a formal communication issued by the department to provide guidance. These letters do not create their own law but, rather, clarify policies or explain how existing laws and regulations should be interpreted and applied. The letter was amended on February 4.
This letter reiterates that the 2024 Title IX regulations are no longer in force, and that the Department should follow the 2020 guidelines as well as Trump’s Jan 20 executive order.
Feb 5: New Exec Order on Women’s Sports
On Feb 5, President Trump signed a new executive order titled "Keeping Men Out of Women's Sports." The order mandates that Title IX be interpreted as prohibiting the participation of males in female sports, regardless of their self-claimed “gender identity” in both K-12 and higher education. This reiterates the position of the first executive order and clarifies its specific application to sports. The order was signed on National Girls and Women in Sports Day, and would mean schools that violate the order could lose federal funding.
Women’s Sports: Status
All of the executive orders, recent court rulings, and Dear Colleague letter are consistent on the issue of athletics: males have no place in female sports. Title IX is finally being returned to its intended goal, protecting women’s equal access to education on the basis of sex.
However, conflicts remain between the federal Title IX interpretation and some state laws or local policies that have replaced sex with “gender identity.” It will be up to the schools to implement the correct Title IX interpretation, and the courts to resolve any conflicts that may arise.
Sexual Harassment: Status
Under the 2020 Title IX regulations (now in force), schools are required to “investigate and adjudicate formal complaints of sexual harassment using a grievance process that incorporates due process principles.”
The denial of due process can easily harm women and minorities, as those critical of “gender identity” experienced under the Biden administration’s Title IX “harassment” (thoughtcrime) regulations. However, the 2020 regulations make it more difficult for schools to take decisive action against perpetrators of sexual violence. We urge schools to consider using every legal tool available to address the staggering epidemic of male violence in education, including increased support for victims.
Next Steps
WoLF appreciates the sea-change the Trump Administration is attempting to make on protecting women's spaces with Executive Orders. However, Congress will need to act to ensure these protections for women and girls are made permanent in law.
Tell Congress to Pass HR 28 / SB 9 to Protect Women's Sports!
