The policy pendulum of Title IX continues to swing, and this time it has swung back to 2020. On January 9, 2025, the U.S District Court for the Eastern District of Kentucky issued its decision in Tennessee v. Cardona, granting summary judgment in favor of the plaintiff states of Kentucky, Virginia, Indiana, Tennessee, and West Virginia, and vacating the 2024 Final Rule. The Court found that that U.S. Department of Education exceeded its authority in implementing the regulations and that the Final Rule and its corresponding regulations also violate the U.S. Constitution. Although the primary thrust of the challenge was to the inclusion of “gender identity” as a protected category within sex-based harassment, the decision impacts additional changes brought about by the Final Rule including those pertaining to handling grievances, training, recordkeeping, processing complaints, as well as the extended protections for pregnancy and related conditions.
Please join us for a 30-minute briefing during which NACUA member-experts will provide an overview of Tennessee v. Cardona, its implications for Title IX in postsecondary education, and practical pointers for steps you can take now. The briefing will be of interest to counsel and their campus colleagues who work in Title IX and other antidiscrimination offices.