On January 9, 2025, a U.S. District Court ruled that the 2024 Title IX Regulations were unlawful, stating that the Department of Education had overstepped its authority in enacting them. As a result, the court vacated the 2024 Rule nationwide, and the Office of Civil Rights formally rescinded it shortly thereafter. In other words, the 2024 Regulations are no longer valid and were deemed unconstitutional at the inception. Schools must now return to complying with the 2020 Title IX Regulations that were in effect prior to the 2024 changes.

The 2020 Regulations, now reinstated, include stricter procedural requirements compared to the 2024 Rule. Some of the key differences include:

• The definition of sexual harassment has reverted to requiring conduct that is severe, pervasive, AND objectively offensive, which is a higher threshold than the 2024 standard of simply severe OR pervasive.
• The reinstated Rule also brings back mandatory live hearings with cross-examination in higher education cases, a requirement that was made optional under the 2024 framework.
• Jurisdiction is once again limited, meaning schools are only required to investigate incidents that occur within an institution’s educational programs or activities, reducing the requirement to address off-campus and international conduct.
• Additionally, informal resolution is now prohibited in cases involving employees and students.

Schools should immediately conduct a full policy audit to ensure alignment with the reinstated 2020 Rule. This includes reviewing Title IX policies, student handbooks, and training materials to reflect the stricter procedural requirements that are now back in effect. If an institution made changes to investigation procedures, hearing formats, or evidence-sharing practices based on the 2024 Regulations, those modifications must now be undone. Institutions must also ensure that all relevant personnel are trained in the 2020 standards. Even more pressing may be that schools must consider reopening any investigations that were opened under the 2024 Regulations-compliant policies.

Any modifications made to hearing and investigation procedures under the 2024 Regulations must now be reversed to comply with the 2020 standards. This means that live hearings with cross-examination are once again required in higher education cases. Investigators must compile and share a full investigative report with both parties before the hearing. Schools must also provide both complainants and respondents access to all evidence directly related to the complaint, even if that evidence is not used to support the final decision. These procedural requirements must be reinstated immediately to ensure compliance with the reinstated regulations.

For any investigations initiated under the 2024 Regulations, schools must determine whether procedural changes are required in order to comply with the 2020 Rule. This may include reassessing whether a case meets the narrower definition of sexual harassment, ensuring live hearings with cross-examinations are conducted, and reviewing how evidence has been shared with the involved parties. Some investigations may need to be paused temporarily to allow for procedural adjustments, and institutions should communicate clearly these changes, and the reasons behind them, to all impacted individuals.

Institutions should review Title IX cases that were opened and resolved under the 2024 Regulations with an eye towards several considerations. The school must determine whether a different outcome might have been reached under the 2020 Rule. This applies to cases where the broader 2024 definition of sexual harassment may have influenced the decision, as well as cases involving off-campus incidents that may no longer be covered under Title IX. If the school had opted to depart from the hearing model and held sequential meetings instead, they may need to reopen that matter and hold a hearing. Schools should also reassess cases that were resolved through informal resolution methods that are no longer allowed. While there is no automatic requirement to reopen all closed cases, each case should be evaluated carefully, and institutions must be prepared to address conflicts between the procedures and policies they followed in light of the 2020, and now current, requirements.

With the transition back to the 2020 framework, Title IX staff must be fully retrained on the requirements now in effect. Investigators, hearing officers, and decision-makers need to understand the narrower definitions of misconduct, the mandatory hearing and cross-examination process, and the specific evidentiary and procedural standards that differ from the 2024 Rule. Any internal training materials that were revised for the 2024 Regulations must now be corrected to reflect the governing 2020 standards. 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.

A regulatory shift of this magnitude requires clear, proactive communication with students, faculty, and staff. Schools should issue a formal announcement explaining the return to the 2020 Regulations, outlining what it means for students and employees, and clarifying how Title IX investigations and hearings will be conducted moving forward. All official Title IX policies, reporting resources, and FAQ sections should be updated to reflect the reinstated rules. Institutions should also hold information sessions or virtual Q&A meetings to provide clarity and ensure the campus community understands their rights and responsibilities under the reinstated 2020 Regulations.

Given the complexity of this regulatory shift, many institutions are seeking expert guidance to ensure a smooth transition back to the 2020 Regulations. Title IX Solutions offers comprehensive policy audits, case reviews, and compliant training programs to help schools comply with the reinstated standards. Our team of experts, investigators, and former Title IX Coordinators can assist with reviewing policies, updating procedures, and training staff to ensure full compliance. Schools that act proactively will be in the best position to maintain compliance while minimizing legal risk.

Don’t navigate this transition alone—let our experts help you get it right. Schedule a consultation with Title IX Solutions to review your institution’s policies, procedures, and training needs.