On January 9, 2025, the United States District Court for the Eastern District of Kentucky ruled that the 2024 regulation was unlawful and could not be enforced.
On February 4, 2025, the Department of Education Office for Civil Rights issued a Dear Colleague Letter confirming that it would enforce Title IX consistent with the 2020 regulations. This does not require any change to the University of Michigan Policy on Sexual and Gender-Based Misconduct since the 2024 regulations had not taken effect for the University and the Policy was therefore not changed to reflect the 2024 regulations.
Original Statement
Following the release of new amendments to federal Title IX regulations in April 2024, which were to become effective August 1, 2024, the University reviewed its Policy on Sexual and Misconduct and related procedures, and anticipated an updated Policy to take effect on August 1, 2024. In the interim, a number of Courts entered orders prohibiting the Department of Education, which enforces Title IX, from implementing or enforcing the 2024 regulation amendments in a number of states and with respect to a list of additional K-12 and higher education institutions. The University of Michigan is not directly involved in any of the lawsuits regarding the Title IX regulations; however, the University of Michigan – Ann Arbor is one of the institutions against which a Court has ruled the 2024 regulations may not be implemented or enforced. The Department of Education has since announced that the 2020 regulations remain in effect for those institutions. Accordingly, the University did not proceed with its Policy revisions on August 1st as planned.
Any updates on this topic will be shared promptly and clearly with the campus community to ensure students, faculty, and staff are informed as to the Policy, related procedures, and reporting obligations.
Prohibited Conduct under the Policy continues to include Federal Rule Sexual and Gender-Based Misconduct; Sexual Assault; Sexual Exploitation; Sexual Harassment; Gender-Based Harassment; Sex & Gender-Based Stalking; Intimate Partner Violence; Sex & Gender-Based Discrimination; Retaliation; and Violation of Supportive Measures.
Gender-Based Harassment includes harassment on the basis of sex, sexual orientation, gender identity, gender expression, or pregnancy. Sex/Gender-Based Discrimination includes discrimination on the basis of sex, sexual orientation, gender identity, gender expression, or pregnancy.
Contact:
Elizabeth Seney
Title IX Coordinator
Director, Sexual & Gender-Based Misconduct
[email protected]