NWLC Moves to Defend Title IX Protections for Student Survivors

COVINGTON, Ky. (Feb. 28) — Today, the National Women’s Law Center (NWLC) filed a motion in federal court seeking to join a lawsuit to block enforcement of the Trump administration’s harmful 2020 Title IX rule regarding sexual harassment on school campuses and reinstate protections under the Biden administration’s 2024 Title IX rule.

NWLC seeks to appeal a January ruling by a Kentucky district court that struck down in its entirety the Biden administration’s Title IX rule, which was finalized in April 2024. This lawsuit was initially filed by conservative states seeking to undermine Title IX by striking the rule’s protections for LGBTQI+ students, particularly transgender students.

Following the ruling, Trump’s Department of Education announced it would immediately revert back to enforcing Trump’s 2020 Title IX rule, reinstating harmful policies that dismiss and mistreat survivors of sexual assault, including giving schools permission to once again ignore sexual harassment claims.
📄 NWLC Fact Sheet: DeVos’s New Title IX Sexual Harassment Rule, Explained (2020)

📄 NLWC Fact Sheet: The Biden Department of Education’s New and Final Title IX Rules, Explained (2024)

 

“Under an administration led by a president who was found liable for sexual abuse and accused of sexual harassment and assault by dozens of women, students are getting the message that protection against sexual harassment is not a priority. The Department of Education made that clear when it announced it was reverting to Trump’s 2020 Title IX rule as a result of this district court’s faulty and broad ruling,” said Shiwali Patel, senior director of safe and inclusive schools at the National Women’s Law Center. “We are proud to represent the Victim Rights Law Center and our client, Jane Doe, who courageously seek to intervene in this case to defend the Biden administration’s 2024 Title IX protections and ensure student survivors everywhere are treated fairly by their schools.”

 

Background on the Intervention

 

NWLC and co-counsel Mehri & Skalet and Gatlin Voelker PLLC seek to intervene in Tennessee v. Cardona on behalf of the Victim Rights Law Center (VRLC), an organization that provides legal services to sexual assault survivors, and Jane Doe, a student survivor who was sexually assaulted in the fall of 2024. As detailed in the lawsuit, VRLC has found its ability to obtain timely and accurate outcomes for students who have filed complaints severely hampered by the return of Trump’s Title IX rule. Jane Doe, who reported her assault to her school, is experiencing harm because of the removal of critical protections following the Kentucky district court ruling and resulting in the Trump administration’s reinstatement of the 2020 rule.

 

The Trump administration’s enforcement of the 2020 Title IX rule means that schools may now dismiss Title IX complaints by survivors based on arbitrary standards regarding the “severity” and “pervasiveness” of the assault or harassment. Schools also can easily dismiss complaints of assaults that occurred on private, off-campus locations or during study-abroad programs. The reinstated 2020 rule also forces college students who have reported assault or harassment to undergo unfair and potentially traumatic investigations and/or hearing into their allegations.

 

Statements from VRLC and Mehri & Skalet 

 

“Victim Rights Law Center saw firsthand how the 2020 Trump-era Title IX rule harmed survivors and created significant barriers to reporting. Restoring the 2024 Title IX rule is an essential step toward fostering a safer, more equitable educational environment where survivors are believed, supported, and empowered to seek justice,” said Stacy Malone, executive director of Victim Rights Law Center. “This is a critical moment to stand in support of and alongside survivors. We are grateful to be represented by a brilliant team of attorneys who deeply understand the importance of preserving student-survivors’ educational access.”

 

“All students deserve to learn in an environment that is safe and inclusive. The Biden-era Title IX regulations are essential to preserving their rights,” said Ellen Eardley, managing partner at Mehri & Skalet and a former Title IX coordinator at a large public university. “The court’s decision to throw out these critical safeguards, along with the Trump administration’s refusal to defend them, opens the door to more violence and discrimination at school. We are proud to stand with the National Women’s Law Center, our clients Jane Doe and the Victim Rights Law Center, and so many courageous survivors in the fight to make campuses safe for generations to come.”