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Trump moves to restore campus sexual misconduct rules from his first term

The Education Department finalized a regulation repealing the Biden-era Title IX rule and restoring procedures established during President Donald Trump’s first administration. The change could face legal challenges over the administration’s rulemaking process, while it leaves unresolved how the regulation defines “sex.”

Trump moves to restore campus sexual misconduct rules from his first term
WASHINGTON — The Trump administration finalized a regulation Monday to repeal the Biden-era Title IX rule and formally restore requirements for how colleges handle reports of sexual misconduct, Education Secretary Linda McMahon announced. The regulation, expected to be published Tuesday, follows federal court decisions that vacated the Biden administration’s rule. That rule expanded protections against discrimination based on sexual orientation and gender identity. The new regulation does not define “sex” in Title IX as biological sex, though its preamble points repeatedly to court decisions that rejected the Biden-era protections. The measure returns colleges to procedures adopted under Trump’s first administration. Those rules required schools to hold formal hearings in response to formal complaints, where representatives for both parties could question witnesses, challenge credibility and examine evidence. They also changed the federal definition of sexual harassment and allowed schools to use a higher standard of proof in disciplinary cases than under Obama-era guidance. The Education Department has applied the earlier Trump-era regulation through guidance for nearly two years. The department has also said it enforces Title IX on the basis of biological sex. McMahon called the move “a full return to Title IX” as enforced during Trump’s first term. In a video released over the weekend, she said it would clarify the rules for students, educators, schools and families. The process could draw legal challenges. The administration did not use the notice-and-comment procedure typically used for significant regulatory changes, according to the regulation’s critics. The first Trump administration’s rule drew more than 100,000 public comments, while the Biden administration’s regulation received nearly three times that number. Education advocates said they had not been given clarity about the regulation’s purpose during its review by the White House Office of Information and Regulatory Affairs. The Education Department did not immediately respond to a request for comment. The final regulation is one of several Title IX changes listed in the federal government’s regulatory agenda. Other planned measures include a formal definition of sex based on biological sex, responding to an executive order Trump issued in January 2025. Title IX is the federal law prohibiting sex discrimination in education programs that receive federal funding. Changes to its interpretation can affect school obligations and the procedures students must navigate when reporting harassment or misconduct.

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