Title IX Sexual Assault Rules Under Trump Restored: Impact on College Students and Survivors
As college students return to campus for the new academic year, they are faced with Title IX guidelines established during President Donald Trump’s tenure – regulations that survivor advocates argue favor students accused of sexual assault over those who have survived it.
In January, the Trump administration announced that schools must adhere to 2020 rules for Title IX enforcement, despite the Biden administration’s version only being in place for a few months in 2024. This policy shift comes amidst the Trump administration’s long-standing efforts to withhold funding from universities that fail to align with their stances on various issues, including diversity programs, transgender athletes, and pro-Palestinian protests.
The reinstated 2020 guidance narrows the definition of sexual harassment, providing additional protections for students accused of misconduct and mandating live hearings with potential cross-examination. These changes have prompted survivor advocates to urge students to understand how these rules may impact them, especially during the so-called “red zone,” when students are at an increased risk for sexual assault.
According to RAINN, approximately 13% of all college students experience rape or sexual assault, with women aged 18 to 24 being particularly vulnerable. Sexual violence occurs more frequently between August and November – the first semester of college – according to RAINN’s data.
Enacted in 1972, Title IX aims to prevent sex-based discrimination in educational settings that receive federal funding. Institutions risk losing this funding if they do not comply with Title IX regulations. Over the years, universities have navigated a complex web of changing regulations by establishing specialized offices and hiring coordinators dedicated to ensuring compliance.
However, Title IX’s approach to sexual assault cases has long been criticized for being bureaucratic and subject to policy shifts between administrations. In 2011, the Obama administration issued a “Dear Colleague” letter encouraging institutions to adopt more proactive measures in addressing sexual assault. Conversely, the Trump administration’s 2020 regulations eliminated many of these initiatives, including live hearings and cross-examination requirements.
In response to these changes, student activists, survivors, and Title IX advocates pushed for more protective regulations under the Biden administration in 2024. The new rules expanded the definition of sexual harassment, eliminated live hearings, and provided additional protections for LGBTQ+ and pregnant students. These advancements were short-lived, as the 2024 policy faced legal challenges and was ultimately blocked nationwide by a federal judge in January 2025. In its place, schools were advised to return to the 2020 regulations established under Betsy DeVos.
The reintroduction of the 2020 regulations caused ripples within the education sector, leading some schools to scramble and make changes only to be required to reverse them once more. This back-and-forth has been challenging for institutions, particularly those struggling to maintain Title IX coordinator positions.
These coordinators now face the task of understanding multiple versions of the law, while regional sites under the Office for Civil Rights offer some oversight and handle claims from students who feel their schools are mishandling sexual assault complaints. However, many local offices have closed this year due to budget cuts implemented by the Trump administration.
With the 2020 regulations likely to remain in place, student and survivor advocates argue that schools and states can implement additional policies to improve the Title IX process. This includes extending school policy to include off-campus incidents and providing survivors with greater access to legal support. Advocates are also pushing for state-level protections and challenging intoxication loopholes in state laws that prevent sexual assault survivors from obtaining justice when they are unable to consent due to voluntary intoxication.
The ongoing debates surrounding Title IX do not exist in a vacuum, but rather reflect broader societal attitudes towards sexual assault and the rights of survivors. As these discussions continue, it is essential to prioritize the safety and well-being of all students while ensuring due process protections are maintained.