NWLC Warns Dept. of Education’s Title IX Rule Erodes Protections for Student Survivors

WASHINGTON D.C., – Today the Department of Education issued a rule formally reviving the 2020 Title IX rule, which significantly weakens protections against sexual harassment in education. 

The Department’s move formally rescinds President Biden’s 2024 Title IX rule that strengthened protections against sexual harassment and assault in schools, clarified protections for pregnant and parenting students and LGBTQIA+ students, and required schools to be proactive in identifying and remedying sex discrimination.

“The Cornell University case is a devastating example of why robust federal Title IX enforcement matters,” said Shiwali Patel, NWLC’s senior director of education justice. “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. Yet, Education Secretary Linda McMahon and the Trump administration have decided to ignore what survivors need, instead weaponizing Title IX to attack trans students. 

“While the administration is unlawfully eroding protections for trans students under the guise of ‘protecting women and girls,’ they are systematically weakening the very laws that keep students safe and schools accountable. ‘Protecting women and girls’ means not limiting Title IX protections based on students’ reproductive traits and anatomy and enforcing Title IX to make sure schools are inclusive spaces that provide equal educational opportunity for all students.” 

During the Department’s rulemaking process in 2018 and 2019, thousands of students, survivor advocates, educators, and mental health experts urged the Trump administration to not strip away protections against sexual violence in education, but the administration finalized the 2020 Title IX rule anyway. In response, NWLC filed a lawsuit against Betsy DeVos and the Department of Education, obtaining a partial victory in blocking a portion of the rule on behalf of its organization and individual clients. 

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NWLC’s Legal Network for Gender Equity connects students facing sex discrimination, including sex-based harassment and sexual assault, with legal help. To be connected with attorneys who can provide free legal consultations, please complete the intake form here. You can also contact the Legal Network at [email protected].