U.S. Department of Education rescinded 2024 Title IX regulations

The U.S. Department of Education formally rescinded the 2024 Title IX regulations, which aimed to provide clarity regarding the definition of “sex-based harassment” and the scope of sex discrimination, including not discriminating based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation and gender identity. The department is doing this without a public notice and comment period. 

The Office of the Vice Chancellor’s Division of Student Affairs sent out an email on Oct. 6 addressing the recent development. The email showed support for the affected communities and reminded the campus that the federal government’s decision is not aligned with UC Santa Barbara’s Principles of Community.

“Federal policy may change, but our commitment to the LGBTQIA+ members of our community does not. You belong here, and we remain committed to protecting your dignity, supporting your well-being, and ensuring your full participation in campus life,” the email read.

They also reminded students that both California law and University of California policy prohibit discrimination based on sexual orientation, gender identity and gender expression.

The original 1972 Title IX states that “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.”

In May 2020, under President Donald Trump’s administration, new Title IX regulations were released and intended to clarify sexual harassment as a form of sex discrimination, remove inconsistency during investigations, ensure fairness for both parties during due process proceedings and require schools to provide supportive measures for both parties.

In 2021, Biden signed an executive order instructing then Education Secretary Miguel Cardona to propose policy changes that would expand Title IX protections.

In 2024, under the Biden administration, new regulations replaced the 2020 rules. These regulations strengthened protections of LGBTQIA+ individuals and changed procedures for investigating sexual assault and violence claims.

As shown, over time, the definition has expanded. Title IX began with allowing and enforcing girls’ rights to participate in school sports, then expanded to include rectifying issues of sexual harassment and violence on campus and finally identifying that sexual orientation and gender identity rights count under the broad Title IX purpose of gender inclusivity.

This evolution has led to intense conflict between various administrations regarding how Title IX should be carried out. Many of these debates are mainly centering around transgender rights.

“The Biden Administration’s Office for Civil Rights (OCR) pushed schools across the country to illegally allow males to intrude into women’s sports and intimate facilities, and it investigated school staff for using incorrect pronouns or failing to ask students to declare a preferred gender. The Trump Administration has rescinded these agreements,” the U.S. Department of Education website reads.

UCSB Student Affairs reminded students of the various campus resources, such as the UCSB Resource Center for Sexual and Gender Diversity, available to them for support. 

The University of California Office of the President (UCOP) provided a statement to the Daily Nexus regarding uncertainty surrounding this recent development. In the statement, they mentioned how the University’s Sexual Violence and Sexual Harassment Policy should still mainly align with the new changes.

“The University of California is committed to providing educational opportunities, programs and services free from discrimination and harassment. UC policy expressly prohibits discrimination and harassment based on sex (including sexual violence and sexual harassment), sexual orientation, gender identity, and gender expression and related retaliation,” Rachel Zaentz, Senior Director of Strategic and Critical Communications for UCOP, stated. “The University’s Sexual Violence and Sexual Harassment Policy (SVSH Policy) and related procedures were adopted to comply with the 2020 Title IX rule. Since the 2026 Title IX rule primarily restores the 2020 rule, and UC has continued to implement the SVSH policy consistent with it, we do not anticipate changes but are carefully reviewing the 2026 rule.” 

A version of this article appeared on p. 4 of the Oct. 15 print edition of the Daily Nexus.