If your school revised its policies to align with the 2024 Title IX Regulations, those changes must now be undone. Some of the most notable differences include that the Title IX 2020 Regulations include stricter procedural requirements and a narrower definition of sexual harassment. Under the reinstated rules, conduct must be severe, pervasive, AND objectively offensive to qualify as harassment, a higher threshold than the 2024 standard. Additionally, schools may revert to a “clear and convincing” standard of proof if they choose, again a higher threshold. Also notable, jurisdiction of the 2020 Regulations is once again limited to conduct that occurs within a school’s programs or activities, meaning off-campus and international incidents may no longer be covered under Title IX.

Schools must also reinstate the requirement for live hearings with cross-examination in higher education cases, a provision that was optional under the 2024 Rule. Investigators must again prepare and share a written report summarizing the investigation, which was not required under the 2024 Regulations. Informal resolution, which was expanded under the 2024 framework, can no longer be used for cases involving employee-student misconduct.

The changes in requirements described above are merely a sampling of the many ways the rollback may impact schools who modified their policies under the 2024 Regulations. Schools that implemented these changes must adjust policies accordingly and ensure that all handbooks, reporting guidelines, and official materials reflect the reinstated 2020 Regulations.

Given the range of changes that institutions’ 2024 policies must undergo, it is critical that schools engage in a careful and methodical analysis of those policies and procedures to bring them into compliance in all respects with the reinstated 2020 Regulations.

✅ Action Item: Conduct a policy audit to ensure your institution’s policies and procedures align with all aspects of the reinstated 2020 requirements.

The return to the 2020 Regulations directly impacts how ongoing and recently closed Title IX cases must be handled. Cases initiated under the 2024 Rule may have relied on definitions and procedural standards that are no longer valid under Regulations that were deemed unconstitutional at their inception. Therefore, schools must determine if any investigations need to be adjusted to comply with the 2020 requirements. This may involve pausing certain investigations in order to reassess the applicable legal standards and procedural steps and only then proceed in a manner that is compliant with the reinstated 2020 requirements.

Additionally, investigations that were opened and decided under the 2024 Regulations should be reviewed to determine if they need to be revisited. If an institution used the lower harassment standard from the 2024 Rule, for example, certain findings may no longer be valid under the 2020, now current, definition. Similarly, cases that were resolved through informal resolution options that are now prohibited may warrant reconsideration.

Institutions should communicate with the parties of any case opened under 2024 Regulations-complaint policies to explain how the changes affect their cases.

✅ Action Item: Conduct an internal case review to identify investigations that need adjustments, and reopen investigations, as needed.

The 2020 Title IX Regulations required strict due process protections that some institutions modified under the now-invalidated 2024 framework. One of the most significant reinstated requirements is the live hearing and cross-examination process for higher education cases. Schools that moved toward more flexible adjudication models will need to restore formal hearing procedures.

In addition, schools must ensure that all evidence-sharing procedures are in line with the 2020 Rule. Investigators must compile and share a full investigative report with both parties before a hearing, and all evidence directly related to a complaint must be made available for review. If an institution had removed these steps under the 2024 Title IX Regulations, those changes must now be reversed to ensure compliance.

These are just two examples of the various changes that schools must reincorporate into their procedures, even for cases that have already been opened for investigation or fully investigated.

✅ Action Item: Analyze all Title IX cases opened between 8/1/24 and 1/16/25

With the rapid shift back to the 2020 Title IX Regulations, Title IX teams must be fully trained on the reinstated regulations immediately. Investigators, hearing officers, and Title IX Coordinators need updated guidance on all of the changes, including the narrower definitions of misconduct, the return of mandatory live hearings, and the stricter evidentiary and procedural requirements. Furthermore, any internal training materials that were revised for the 2024 Rule must now be corrected to reflect the governing 2020 standards and posted on the institution’s website.

Beyond compliance, training should focus on ensuring staff are equipped to manage the procedural shift effectively. Title IX teams will need to explain the changes to students and faculty, particularly those involved in ongoing cases. Training should also emphasize how to apply trauma-informed approaches within the stricter 2020 framework, ensuring fairness and sensitivity in the investigation and adjudication process.

✅ Action Item: Schedule training sessions for Title IX staff, investigators, and decision-makers to ensure full understanding of the reinstated 2020 Rule.

A regulatory shift of this magnitude requires proactive communication with students, faculty, and staff. Confusion and misinformation can lead to missteps in compliance and a breakdown in trust between the institution and its community. Schools should issue a formal announcement explaining the return to the 2020 Title IX Regulations, what it means for students and employees, and how Title IX investigations will be conducted moving forward.

In addition to formal statements, schools should update web pages, FAQs, and resource materials to reflect the reinstated 2020 Regulations. Student groups, faculty bodies, and advisory committees should also be briefed to ensure that information is accurately disseminated across campus. Clear, accessible guidance will help ensure that students and employees understand their rights under the reinstated regulations and know what to expect from the Title IX process.

✅ Action Item: Publish a campus-wide update explaining the transition and update all public-facing Title IX materials.

Navigating a Title IX regulatory shift requires careful planning, Title IX expertise, and precise implementation. Schools that fail to revert to all requirements of the 2020 Regulations correctly could face compliance violations, legal challenges, and confusion among students and staff. Given the complexity of this transition, working with Title IX compliance experts can help institutions ensure accuracy and reduce risk.

At Title IX Solutions, we provide policy audits, compliance training, and one-on-one consulting to help institutions manage this transition effectively. Our team of Title IX experts, investigators, and former Title IX Coordinators can assist in reviewing policies, updating procedures, and training staff to ensure full compliance with the reinstated rule.

✅ Action Item: Schedule a consultation with Title IX Solutions to review your institution’s policies, procedures, and training needs.