Federal Judge Vacates 2024 Title IX Regulations: Implications for Compliance
On January 9, 2025, a federal judge vacated the 2024 Title IX regulations, saying the rule is “arbitrary and capricious” and violates the First Amendment. This ruling has significant implications for colleges and universities nationwide, as it effectively halts the implementation of the 2024 regulations.
What does this mean for colleges and universities?
This means that all U.S. institutions are prohibited from implementing the 2024 regulations, and at this time, it is assumed that colleges and universities should revert to implementing the 2020 regulations, including the provision that requires live hearings in the Title IX grievance process. Colleges and universities may need to revisit and update their existing policies to either fully reinstate previous policies aligned with the 2020 regulations or selectively integrate non-conflicting provisions from the 2024 regulations, such as pregnancy-related protections like a notice of rights for pregnant students. This dual approach—adhering to 2020 standards while considering the beneficial elements of the 2024 regulations—requires careful review to ensure compliance and fairness. The decision underscores the importance of maintaining adaptable, legally sound policies while staying attuned to evolving federal guidance.
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What does this mean for Clery Act practitioners?
As always, it’s important to work closely with Title IX to ensure that the current policies meet not only Title IX requirements but Clery Act requirements as well. If your policy is changing mid-year, it is a best practice to update your annual security report to reflect this change promptly. Not only does this demonstrate transparency, but it also ensures that your campus community remains informed and engaged. Additionally, sending out a clear and accessible notice communicating the policy change to your students and employees can foster trust and awareness.
These notices should include key elements of the updated policies and their practical implications, empowering individuals to understand their rights and the processes available to them. This is incredibly important as students and employees may want to understand the policy to determine whether they are comfortable reporting to the institution.
By prioritizing education and proactive communication, institutions can create a safer, more transparent environment that encourages reporting and supports compliance with federal regulations.
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