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The Law & Education

Mar 1, 2021

What is next in Title IX? Will the regulations go away? The short answer is no, not immediately, as you heard from previous guests in 2020. It is a long process to undo a regulation, and that will likely take a few years, but we do anticipate movement with respect to guidance issued by the Department of Education in the meantime. As you know, the Trump administration archived all prior guidance in this space, and it is yet to be seen whether all or some of it will be resurrected or replaced with new guidance, and what the Department of Education will do with the guidance issued regarding the new regs under Trump’s DOE. Today’s episode covers what could happen if a school is not following the law, the enduring impact that Trump’s appointments may have on federal litigation, and why Title IX is about more than how a school responds to sexual harassment. Learn about the landmark decisions, cases, and executive orders that are influencing Title IX and the importance of having support from and working closely with your colleagues, as well as taking care of yourself in these trying times. Tune in today.


Key Points From This Episode:

  • Our thoughts on what could happen if a school is not following the Title IX regulations.
  • The deep imprint and enduring impact that the Trump administration had on federal courts.
  • Title IX is more than how a school responds to sexual harassment; it includes gender equity in athletics, for example.
  • What the landmark decision by the US Supreme Court, Bostock v. Clayton County, means for LGBTQ+ rights.
  • Trump’s response to the Bostock decision and Biden’s resulting executive order.
  • Whether or not sexual orientation is a protected class under Title IX.
  • The Grimm v. Gloucester County School Board case and its potential impact on discrimination based on gender identity under Title IX.
  • Whether federal law mandates how a school should respond to transgender students.
  • The Clery Act and Title IX; DOE adjusts fines and what is in store under Biden administration.
  • Why it’s very important to have support, from colleagues, ICS, or other organizations.
  • Working closely with your legal counsel on litigation trends or state law changes in your jurisdiction is key moving forward.
  • The importance of self-care and maintaining a work-life balance in these trying times.



“President Trump left a deep imprint on the federal courts that will outlast his one term in office for decades to come.” — @ICSLawyer  [0:01:36]

“Title IX is more than how a school responds to sexual harassment. Gender equity in athletics, sex and gender-based discrimination, and pregnancy discrimination all fall under Title IX.” — @ICSLawyer  [0:02:22]

“For my Title IX professionals, what I want to say is that it is more important than ever to have support, be it from ICS or other organizations or colleagues, as the coming months unfold.” — @ICSLawyer  [0:06:40]


Links Mentioned in Today’s Episode:

ICS Lawyer

Bostock V. Clayton County

Courtney Bullard on Twitter 

Courtney Bullard Email