Trump Administration Rescinds Biden-Era Title IX Protections

The Trump administration's Department of Education announced Monday that it has rescinded Biden-era Title IX rules, reverting to narrower definitions of sexual harassment and weakening protections based on sexual orientation and gender identity in educational institutions receiving federal funding.

US Secretary of Education Linda McMahon stated that the action formally removes the Biden administration's regulations from the Code of Federal Regulations, reinstating the policies in place during the first Trump administration. "Today’s rulemaking clears the Biden Administration’s illegal rewrite of Title IX from the Code of Federal Regulations and restores the commonsense language promulgated in the first Trump Administration, which we have been enforcing since the first days of the Administration," McMahon said in a statement. She added that the published regulations now "faithfully reflect court orders and Congressional intent—reducing confusion for parents, students, and educational institutions."

Title IX, a landmark civil rights law enacted in 1972, prohibits sex-based discrimination in any education program or activity receiving federal financial assistance. The Biden administration's regulations had expanded the definition of sexual harassment and broadened the scope of investigations schools were required to undertake, including incidents occurring off-campus.

According to the Department of Education, the shift returns Title IX regulations to align with the first Trump administration's policies, which established a stricter definition of sexual harassment and provided greater due process rights to those accused of misconduct. The Biden-era rules had also removed a requirement to investigate only on-campus incidents, allowing for investigations into alleged misconduct at school-related events or activities.

Despite the formal rescission, the department indicated that no immediate practical changes are expected for students, parents, and teachers, as the Trump administration has reportedly been enforcing its own interpretation of Title IX since President Trump took office. The Biden administration's reforms had already faced legal challenges from several Republican-led states, with appeals pending into 2026. Following the dismissal of these appeals in August, the department has now formally removed the vacated rule.

The move has drawn criticism from advocacy groups. Kelley Robinson, president of the Human Rights Campaign, expressed concern that the decision would negatively impact women, girls, LGBTQ+ students, and survivors of sexual assault. "The fact that they’re dropping this rule into place abruptly, without a comment period, denying families, educators, loved ones and the students themselves a say in how they should be treated, shows how little they care about the safety of our students," Robinson stated. The announcement coincided with renewed attention on campus sexual assault following the reopening of a criminal investigation into alleged gang rape involving fraternity brothers at Cornell University.