A federal judge in Louisiana has issued a preliminary injunction against the Biden administration's new Title IX rules, set to go into effect on August 1, 2024. While the injunction only applies in the states of Louisiana, Mississippi, Montana, and Idaho, there are a number of other lawsuits pending before other courts stall the rollout of the new Title IX rules in more states. The Louisiana ruling focuses on the expansion of Title IX coverage to apply to transgender students as well as to students based on their sexual orientation. It does not, however, even address any of the many procedural changes in the new rules that would make it more challenging for students accused of Title IX misconduct to defend themselves in school disciplinary proceedings.

If you've been accused of Title IX misconduct at your school, contact the Lento Law Firm Student Defense Team for help at 888.535.3686 or use our online contact form to schedule a confidential consultation. Whether or not the Biden administration's changes to the Title IX rules eventually come into force, you need an experienced and effective Title IX attorney to help you defend yourself in a Title IX case.

The Louisiana Lawsuit

The states of Louisiana, Mississippi, Montana, and Idaho together sued the U.S. Department of Education, the U.S. Department of Justice, and others in April of 2024 in a federal district court in Monroe, Louisiana, over the Biden administration's new Title IX rules. The complaint is almost completely focused on the extension of Title IX's protections to students on the basis of gender identity and characterizes the new Title IX rules as an “affront to the dignity of families and school administrators everywhere.” It also complains about the rule's expansion of “sex-based harassment” to include harassment based on “sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and sexual identity” because, the complaint argues, “expressing critical views about the concept of gender identity” could be treated as “prohibited sex-based harassment” under Title IX.

The District Court's Ruling

The district court judge essentially agreed with the plaintiffs and issued a preliminary injunction against enforcement of the new Title IX rules pending a formal resolution of the lawsuit. Terming the administration's Title IX rules an “abuse of power,” the judge held that the Biden administration did not have the authority to issue rules that changed the meaning of “sex discrimination” to include “gender identity, sexual orientation, sex stereotypes or sex characteristics.”

The court also found that the rules violated the Spending Clause of the U.S. Constitution because they were “ambiguous, contrary to the federal interest,” would require schools to “engage in unconstitutional activities,” and were compulsive in the way they forced schools to comply. In addition, the court held that the Title IX rules were “arbitrary and capricious.”

What the Court Did Not Address

While the Biden administration's Title IX rules have drawn a huge amount of attention due to their inclusion of gender identity as a protected characteristic under Title IX, the number of students actually affected by these proposed changes is likely to be relatively small. According to the Pew Research Center, about 5% of adults under the age of 30 are transgender (2%) or non-binary (3%).

What has been noticed far less are the significant changes that the Biden administration's Title IX rules make to the procedures used by schools to investigate and discipline students accused of Title IX misconduct. In most cases, the rules will reduce the rights that accused students have and make it significantly easier for schools to find that an accused student is responsible for Title IX misconduct. For example, live hearings would no longer be required; students and their attorneys would no longer have the right to question their accusers and witnesses; a single “decisionmaker” could issue rulings, instead of a panel conducting hearings; and schools would be allowed to appoint an investigator who would also act as judge in the proceeding.

These are just a few of the procedural rule changes that could affect every single student accused of a Title IX violation.

The Lento Law Firm Student Defense Team is Ready to Help

If you've been accused of Title IX misconduct, no matter which administration's rules are in force, you need the help of an experienced Title IX attorney. The Title IX disciplinary process has always been tilted against the accused student, which is why it's important to be working with someone who knows how to fight to protect your rights and defend you from the allegations. Because schools regularly will suspend or expel students for Title IX misconduct, it's critical that you get help from day one, as soon as you learn you've been accused of a Title IX violation.

Call the Lento Law Firm Student Defense Team today at 888.535.3686 or use our contact form to schedule a confidential consultation. Your education and your future are at risk if you've been accused of Title IX misconduct; let our experienced Title IX attorneys help you fight for your rights.