Since its enactment in 1972, Title IX has prohibited discrimination and harassment in education based on an individual's sex. In April 2024, the Biden administration introduced new regulations that extend these protections to include LGBTQ+ students, prohibiting discrimination based on sexual orientation or gender identity. The updated rules also provide additional protections for victims of sexual assault.  

In response to these finalized rules, in late April, fourteen states and several advocacy groups filed four lawsuits against the Department of Education. Alabama and three other states (Georgia, Florida, and South Carolina), and a coalition of advocacy groups initiated the first lawsuit. Louisiana, Mississippi, Montana, and Idaho collectively filed a second suit, while Tennessee, Kentucky, Ohio, Virginia, and West Virginia jointly submitted a third lawsuit. The state of Texas filed the fourth suit. They aim to block the implementation of the new Title IX regulations, which will be effective as of August. 

All of the lawsuits claim the new rules relating to gender identity unconstitutionally conflict with state laws. However, the case led by Alabama also argues that the new Title IX rules eliminate critical due process protections in sexual misconduct cases, providing significantly less protection for those accused of sexual assault and denying them their right to a fair hearing.  

If you are a student facing disciplinary action because of a sexual misconduct accusation and are concerned about how the new Title IX rules might affect you, talk to the Lento Law Firm's Student Defense Team as soon as possible. Our attorneys have extensive experience helping students handle accusations of conduct violations. We are dedicated to protecting students' rights, reputations, and futures. We want to help you, too. Call the Lento Law Firm at 888-535-3686 today or contact us online. 

Title IX Due Process Concerns 

The Alabama-led lawsuit claims that new regulations impose several unconstitutional restrictions on students' capacity to defend themselves against misconduct allegations under Title IX. Notably, it argues that the new rules abolish an accused individual's right to a live hearing, the opportunity to cross-examine the accuser or witnesses, and access to all evidence.  

The lawsuit also alleges that the rules unconstitutionally reintroduce the "single-investigator model," which permits a lone administrator to both investigate the allegations and determine the case's outcome, which can produce unfair bias. The 2020 Trump-era Title IX rules prohibited colleges from employing the single-investigator model. However, after recognizing that some financially strained colleges struggled to sustain separate investigator and decision-maker roles, the Biden administration reintroduced this approach in the final rule. 

In addition, the lawsuit takes issue with the updated guidelines' mandate that most institutions adopt the "preponderance of the evidence" standard. This requires administrators to find a student guilty if just 51 percent of the evidence indicates their guilt. Further, it argues that due process is violated because universities are no longer obligated to furnish accused students with complete evidence against them. Instead, they are only obliged to describe the relevant evidence, which may be communicated orally rather than in written form. 

Our Student Defense Team is Ready to Help 

Students accused of sexual misconduct can face consequences that can significantly impact their academic and professional future. If the new Title IX changes are permitted to take effect, the accused will need more assistance than ever to ensure their voice is heard in the disciplinary process.  

The Lento Law Firm's Student Defense Team stands ready to help. We have years of experience in handling Title IX cases, know the unique challenges these cases present, and understand the stakes. The Student Defense Team can help you navigate your school's disciplinary process and ensure that you are treated fairly. Contact us today at 888.535.3686 or through the online form to discuss your case.