How Changes in Title IX Create Barriers for Sexual Assault Survivors
In 1972, Congress enacted Title IX, a federal law to prevent sex-based discrimination in schools. Over time, court cases have interpreted the law to require schools to protect students from sex-based harassment and sexual violence and ensure that neither impedes a student’s access to education. Frequently, those who experience sexual assault are more likely to earn lower GPAs, struggle with emotional self-regulation, and drop out of school altogether.
In the last few weeks, the newly installed Trump administration initiated a flurry of executive orders causing seismic shifts across various federal, educational, and support service landscapes. Included in the mix is the Trump administration’s decision to roll back expanded protections in Title IX, instituted by the Biden administration, returning them to 2020 regulations.
During Biden’s term in office, his administration expanded Title IX to protect LGBTQ+ students and also updated the type of behavior considered sexual harassment — a reversal of the DeVos policy. The regulations expanded the categories of conduct, thus protecting individuals from discrimination on the basis of sex characteristics, sexual orientation, and gender identity.
The reversal of Title IX to its 2020 iteration, as of January 2025, once again narrows the definition of sexual harassment and the scope of cases academic institutions must address. It also reduces the liability of colleges and universities, holding them accountable only if they acted with “deliberate indifference.” Finally, it effectively eliminates protections for gender identity in schools and governs how misconduct complaints are investigated and how to settle cases where students present differing accounts will be enforced. Among the most controversial changes is a rule requiring colleges to hold ‘live hearings’ where accused students could cross-examine their accusers through an advisor. The Biden rules eliminated this requirement–making live hearings optional.
The retroactive law is being condemned by victims’ rights groups who believe sexual assault survivors will now be in a position to be retraumatized - a circumstance that often deters many from coming forward to report the assaults altogether. As a law firm with deep roots supporting survivors of sexual assault and abuse, Justice Law Collaborative sees the legislative reversal as a tragic setback.
“We are outraged by the recent shift in Title IX enforcement,” shared Kelly Guagenty, sexual assault attorney and partner at Justice Law Collaborative. “Forcing survivors to appear at live hearings and endure cross-examination by the accused is not just cruel - it is a blatant attempt to intimidate and silence victims. This retraumatizing process will only discourage survivors from coming forward and sharing their truth.”
The firm believes that narrowing the definition of sexual harassment and limiting institutional responsibility will deepen the barriers faced by survivors seeking justice and sends the dangerous message that a victim's trauma is secondary to protecting the accused.
Guagenty continued, “This Title IX policy shift is nothing but a step backward - straight into the dark ages for those who have suffered abuse. As a legal advocate and mother of two college-aged daughters, this backward shift is beyond maddening. The very policies meant to protect survivors are being used to silence them. It is beyond frustrating to see the government prioritize the rights of the accused over the dignity of sexual abuse survivors.”
Even so, the team at Justice Law Collaborative remains steadfast in its efforts to seek justice for the survivors and the dignity and respect they deserve. The firm’s mission is to provide unwavering advocacy through survivor-centered legal practices, compassion, zero judgement, and a trauma-informed approach regardless of regressive policies.
-- Attorney Kelly Guagenty is a partner at Justice Law Collaborative, a law firm devoted to supporting and advocating for survivors of abuse.