The Sexual Violence Prevention Association (SVPA) condemns the rollback of Title IX protections and the weakening of accountability for sexual violence and discrimination in education. On September 28, 2026, the Department of Education formally rescinded the Biden administration’s 2024 Title IX rule, restoring the 2020 regulations established under the first Trump administration. Combined with efforts to reduce the capacity of the Department’s Office for Civil Rights (OCR), these changes threaten students’ ability to report sexual violence, seek accountability, and access their education safely.
Title IX Changes
Title IX is a federal civil rights law that has protected students from sex-based discrimination, including sexual violence, for more than 50 years. It holds K-12 schools, colleges, and universities legally responsible for sexual violence reports, investigations, victim protections, and prevention protocols.
Title IX has shifted many times since its initial passage. Changes can be made by an act of Congress or an official rule by the Department of Education.
In 2020, the Trump administration raised the burden of proof in Title IX cases, making it more difficult for victims to get justice. It also required schools to conduct “live hearings with cross-examinations,” meaning victims had to attend in person and be questioned by their perpetrators’ lawyer. The 2020 rule also narrowed the threshold of what qualifies as sexual harassment under Title IX, leaving many victims without resources or recourse.
In 2024, the Biden administration changed Title IX again. They lowered the burden of proof back to its original standard and removed the requirement for live hearings, improving victims’ likelihood of getting justice. The 2024 rule expanded the threshold of sexual harassment, significantly increasing resources and recourse for survivors. It also expanded protections for LGBTQ+ students, specifically trans, nonbinary, and intersex people.
On September 28, 2026, the Trump administration overturned those additional protections and reverted to the 2020 version of the law. Students are once again subjected to live hearings, a burden of proof, and a narrower definition of sexual harassment. Further, LGBTQ+ students face unprecedented danger. The new rule strips the explicit protections for LGBTQ+ students and codifies “sex” as immutable biological sex.
“The new Title IX rule will increase discrimination against trans students. Hate crimes, including sexual violence against them, will be ignored,” said Omny Miranda Martone, Founder and CEO of the SVPA. “The new rule doesn’t protect against invasive protocols for checking students’ gender. Students may face genital checks before they can play sports or use the bathroom. This is state-sanctioned pedophilia.”
Genital checks and other invasive protocols for determining students sex are a form of state-sanctioned sexual violence. The new Title IX rule fails to protect students against these checks and may be interpreted as encouraging them. This directly endangers intersex, trans, and gender expansive students. It also endangers girls of color, who face heightened targeting due to gender stereotypes and the historic defeminization of Black women.
Diminishing Responsibilities, Funding, and Personnel
Under Title IX, a student whose college failed to protect them from sex-based discrimination, including sexual violence, can file a complaint with the Department of Education’s Office of Civil Rights (OCR). This would trigger an investigation into the school and potential funding cuts or other accountability measures.
Recent changes shifting key responsibilities from the Department of Education (ED) to the Department of Justice (DOJ) will affect students in K-12 schools and colleges across the country. These changes will significantly weaken efforts to prevent sexual violence in schools, putting millions of students at risk.
In their efforts to eliminate the Education Department, the Trump administration has drastically cut back the OCR, transferring many of its personnel and responsibilities to the Justice Department. This makes it significantly harder to prompt an investigation into sexual assault cases on campuses.
These shifts follow years of staffing cuts have already left the OCR struggling. The office lost roughly half its staff in a reduction in force last year and was gutted of millions of dollars in funding, grants, and resources. A Senate report found that OCR resolved only 1% of cases in 2025, the lowest number in over a decade. Investigations into sexual violence under Title IX have stalled, and complaints involving racial harassment and discriminatory discipline saw zero resolutions last year.
Broader Impact
Frequent changes to Title IX and the Department of Education have created confusion at schools. Title IX administrators, as well as students, are having trouble keeping track of their responsibilities and rights.
The Education Department under Trump has been the least productive in over a decade. In 2025, it reached the lowest number of resolution agreements of any kind in 12 years. It has reached zero resolution agreements for students despite more than 2,700 cases pending. The Administration’s attempts to lay off nearly half of OCR’s workforce is costing taxpayers up to $38 million.
“The systematic cutting, defunding, and dismantling of Title IX and the Education Department are not meant to protect children. They are meant to attack trans students and reduce colleges’ liability for preventing sexual violence. Students will pay the price for lawmakers’ spreading hate and protecting their pockets.” said Omny Miranda Martone, Founder and CEO of the SVPA.
We are grateful to the National Women’s Law Center, It’s On Us, Know Your IX, End Rape On Campus, Every Voice Coalition, I Have The Right To, SafeBAE, SIECUS, and SSAIS for their long-standing leadership in defending Title IX and the students it protects.
What We’re Doing
The SVPA is taking action on numerous fronts. We’re working with organizations, student groups, and advocates across the country to combat the attacks against student protections, survivor resources, and prevention programs.
- Congressional Letter to Enforce Title IX and Prevent Sexual Violence, October 20, 2026
- Call for Action to Recodify Title IX, October 2, 2026
- Congressional Letter to Stop Transferring ED Functions to DOJ, September 30, 2026
- Joint Statement to Keep Title IX Protections Broad, September 14, 2026
- Endorsement of the Title IX Anniversary Resolution, June 23, 2026
- Pro-Equity Compact for Colleges and Universities, April 9, 2026
