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Education Department rescinds Biden-era Title IX protections for LGBTQ students
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Education Department rescinds Biden-era Title IX protections for LGBTQ students

Sep 28, 2026

On September 28, 2026, the U.S. Department of Education formally rescinded Biden-era Title IX rules, rolling back federal protections for LGBTQ+ students and narrowing the scope of campus sexual harassment investigations. Education Secretary Linda McMahon stated the move aligns with court orders, while advocacy groups condemned the decision. The announcement coincided with New York prosecutors reopening a criminal investigation into a 2024 gang rape allegation at Cornell University.

Rescission of 2024 Title IX rules

  • ▪The United States Department of Education announced on Monday, September 28, 2026, that it has formally rescinded the 2024 Title IX rules enacted by the administration of former President Joe Biden
  • ▪The Department of Education's action to rescind Biden-era Title IX rules returns Title IX regulations to the standards established during Donald Trump's first presidential term in 2020
  • ▪The formal rescission of the Biden-era 2024 Title IX rules follows the dismissal of legal appeals from Republican states in August 2026, after those Biden-era rules had faced immediate legal challenges from Republican states

Changes to Title IX protections

  • ▪The Education Department's return to 2020 Title IX rules restores a narrower sexual harassment definition and limits investigations to incidents on campus, reversing the 2024 rules that expanded the definition and required investigations regardless of whether they occurred on campus
  • ▪The Biden-era 2024 Title IX regulations had lowered the burden of proof to a "preponderance of evidence" standard, allowing school administrators to determine if sexual misconduct was likely to have occurred
  • ▪The rescinded 2024 Biden-era Title IX rules had extended federal sex discrimination protections to students based on their sexual orientation and gender identity

Cornell University lawsuit and investigation

  • ▪On Monday, September 28, 2026, New York state prosecutors reopened a criminal investigation into the alleged 2024 gang rape of a former student by seven Chi Phi fraternity brothers at Cornell University
  • ▪The former Cornell University student, Jane Doe, filed a lawsuit in September 2026 against members of the Chi Phi fraternity and Cornell University, alleging the university failed to adequately protect her

Debatable claims

  • ▪Limiting Title IX investigations to on-campus incidents leaves student survivors unprotected
  • ▪Title IX protections should extend to sexual orientation and gender identity
  • ▪Excluding transgender athletes from women's sports programs is justified to protect fair competition

6 sources

The New Republic
Trump Weakens Title IX Rules Amid Cornell Gang Rape Investigation
View source article
Washington Examiner
Education Department rescinds Biden-era gender identity language
View source article
The Hill
Education Department formally rescinds Title IX protections for LGBTQ students
View source article
New York Post
Trump administration's Department of Education scraps Biden-era Title IX rules
View source article
The Washington Post
Education Department officially scraps Biden-era Title IX rules
View source article

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Education policyTrump administrationBiden AdministrationCivil rightsLGBTQ+ mental healthU.S. policy & law

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