What Is Title IX and Why Does It Matter?

Title IX is a civil rights law that prohibits schools or educational programs that receive federal assistance from discriminating against anyone on the basis of sex.

Since the law first passed, however, Title IX rules have continued to evolve in their scope, meaning, and enforcement. Today, Title IX also protects students from sexual harassment and assault and sets requirements for how schools handle Title IX complaints.

The past three presidential administrations have made drastic changes to Title IX.

During President Donald Trump’s first term, his administration’s rules sparked controversy and claims that the law shielded accused perpetrators more than protected the students bringing complaints against them.

In 2020, then-candidate Joe Biden promised a “quick end” to Trump-era Title IX rules. Still, once elected, his administration delayed a rewrite of the law several times before releasing new rules in April 2024, which included expanded protections for LGBTQ+ students.

On Jan. 9, 2025, a federal judge overturned the Biden administration’s Title IX rule changes nationwide, ruling them unconstitutional. The move reinstated the 2020 Title IX rules established by Trump’s first administration, requiring schools to revert to past policies and procedures.

Uncertainty around Title IX rules and enforcement continues to fill news headlines. Frequent changes to the law make it critical that students, faculty, and staff understand the history and rationale behind the law and how Title IX can impact college campuses.

Title IX passed in 1972 as part of the Education Amendments Act.

The act declares, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.”

That broad language covers everything from college admissions to athletics.

For example, colleges cannot deny admission to applicants based on sex — with an exemption for single-sex institutions. Colleges cannot refuse to hire faculty because of their sex. They also cannot offer unequal educational resources that benefit one sex over another.

The U.S. Supreme Court extended Title IX protection to students from sexual harassment and assault on campus with two decisions in the 1980s and 1990s. In 2011, the Obama administration issued guidance reinforcing these decisions.

Title IX protects recruitment practices, departmental policies, housing, financial aid, campus health services, and athletics. If colleges treat students of one sex more favorably, they may have violated the law.

Under Title IX, colleges have to provide equal access to athletics. When Title IX first passed, women’s sports received 2% of college athletic budgets, and many schools had no women’s teams. The law required schools to change their policies and rules.

The law concerns equal opportunity to participate in sports — it does not require a men’s and women’s team for every sport or equal funding for men’s and women’s athletics. However, the law prohibits colleges from denying athletic scholarships to women athletes or providing fewer medical services and facilities for women.

In April 2023, the Biden administration proposed a rule that would extend Title IX protections to transgender college athletes. The changes aimed to prohibit colleges and universities from banning athletes from participating in sports inconsistent with their assigned gender at birth.

The administration eventually withdrew the changes in late December.

President Barack Obama’s Department of Education (ED) interpreted Title IX to prohibit discrimination on the basis of sexual orientation or gender identity, protecting individuals who identify as LGBTQ+.

The Trump administration rolled back these guidelines in 2017 and further updated Title IX rules in 2020. Later, ED, under President Biden, restored and expanded the Obama-era protections.

The move proved controversial, leading Republican-led states and conservative advocacy groups to file lawsuits against the Biden administration in objection to the broader definition of sex-based discrimination.

Five months after the rules took effect, a federal judge in Kentucky struck them down nationwide, ruling them unconstitutional and reinstating the 2020 rules.

“When Title IX is viewed in its entirety, it is abundantly clear that discrimination on the basis of sex means discrimination on the basis of being a male or female,” the decision read.

A Jan. 31 ED letter clarified that Title IX will be enforced consistent with Trump’s executive order directing the federal government to recognize only two sexes — male and female — and that sexes are not “changeable.”

Despite the Obama administration’s 2011 guidance reinforcing Title IX’s protections against sexual harassment and assault, sexual violence remains a major problem on college campuses. According to a study by the Association of American Universities (AAU), 13% of college students reported experiencing nonconsensual sexual contact in 2019..

That number was significantly higher for women, transgender, and nonbinary students. More than one in four undergraduate women experienced nonconsensual sexual contact while in college.

Sexual harassment and sexual violence on campus qualify as sex discrimination under Title IX. Harassment, sexual assault, and other forms of sexual misconduct all negatively affect a student’s access to higher education.

Survivors of sexual misconduct can file a complaint with their school. Colleges must then investigate the incident and stop the harassment or take disciplinary measures against the accused, such as issuing a no-contact order or expulsion.

However, in recent years the rules for investigating sexual assault on campus have been changed several times by different presidential administrations.

Obama-era rules placed higher standards on colleges. Schools had to investigate Title IX complaints within 60 days. Victims who dropped out or transferred could still file a complaint. And schools could find respondents guilty if the evidence showed they were more likely guilty than not.

The Trump administration’s rules offered a more narrow definition of harassment, only addressing “severe, pervasive, and objectively offensive” conduct.

Under these rules, schools have no time limit to resolve Title IX complaints; both the accuser and accused must be currently affiliated with the school; and the harassment must have happened either on campus or “in conjunction with an education program or activity.”

The interpretation also set a higher burden of proof for finding an alleged perpetrator guilty.

Critics of the Trump-era changes feared the rules would shield perpetrators — and dissuade survivors from filing complaints. For example, the Trump rules subjected survivors to cross-examination at a live hearing, potentially forcing them to have to confront their alleged perpetrator directly.

The Biden administration rescinded and rewrote these rules and provided a broader definition of sexual harassment, including unwelcome sex-based conduct that is “severe or pervasive.”

Under these rules, colleges and universities were responsible for investigating all Title IX complaints, regardless of whether they occurred on or off campus, or even outside the United States, such as in a study abroad program.

Additionally, live hearings were optional and had additional restrictions, including allowing those involved to participate remotely in separate locations and prohibiting questions that are “unclear or harassing.”

The Biden-era rules only survived five months before being overturned by a federal judge. Currently, schools operate under the 2020 Title IX rules established by Trump’s first administration.

In the nearly five decades since it became law, Title IX has continued to evolve. The past three presidential administrations have each altered Title IX rules, and more changes are expected under the current Trump administration.

Federally funded institutions must adjust their policies and procedures each time the rules are revised to adhere to the updated regulations. Regulation whiplash can also create confusion for students, who may not be aware of the shifting rules and how Title IX cases are adjudicated under current regulations.

The Jan. 31 ED letter clarified that it will enforce the 2020 Title IX Rule and that open investigations initiated under the 2024 Title IX Rule should change to immediately meet the requirements of the 2020 Title IX Rule.