New Administration Targets Transgender Athletes 

On February 5, 2025, President Trump issued an executive order, “Keeping Men Out of Women’s Sports,” setting out the administration’s policy to “rescind all funds from educational programs that deprive women and girls of fair athletic opportunities” and to “oppose male competitive participation in women’s sports more broadly.” The order follows a prior order, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” which directed federal agencies to enforce laws governing sex-based rights and protections to protect men and women as biologically distinct sexes and rejected the application of Bostock v. Clayton County (2020) to Title IX. It also follows the recent Dear Colleague Letter from the Office for Civil Rights, which confirmed that OCR will enforce the 2020 Title IX Rules.

Title IX Shake-Up: Understanding the New Executive Orders and Guidance

The first days of the new Trump administration were a whirlwind of activity that may have left many educators, school administrators, and Title IX personnel with legal whiplash. The executive orders and new federal guidance on the definition of “sex” under Title IX have educational institutions wondering whether, when, and how to change their policies, particularly in states where the new guidance may conflict with their state laws or federal caselaw.

We will dive in with an overview of these recent developments and where they leave schools in their efforts to comply with their Title IX obligations. 

Supercharging your Title IX Informal Resolution Process

Informal resolution is an underutilized superpower in your school’s Title IX repertoire, poised to confront allegations of sex discrimination with precision and care. Informal resolution can be faster, less stressful, and more student-centered than the formal Title IX grievance procedures—and it’s available whether your state is under the 2020 or the 2024 rules.   

Informal resolution encompasses a broad spectrum of conflict resolution strategies, including, for instance, facilitated dialogue, facilitated negotiation or exchange of offers of resolution, mediation, and restorative or transformative justice techniques.