Project 2025 Tracker / What’s done, what’s next

11. Department of Education · Minor

Restore due process protections for those accused under Title IX

Done

Printed page 333 11. Department of Education

“The next Administration should move quickly to restore the rights of women and girls and restore due process protections for accused individuals.”

What has happened

  1. Done

    OCR's Dear Colleague Letter of 2025-02-04 directed that Title IX be enforced under the 2020 Title IX Rule, naming "the procedural protections owed to complainants and respondents" among the provisions that govern, and told the field that open investigations begun under the 2024 rule "should be immediately reevaluated" against that framework. The 2020 rule's live-hearing, cross-examination, presumption-of-non-responsibility and written-notice protections for accused students are the operative law again. Executive Order 14201 the following day applied the same reading to women's athletics.

Research log

What was searched, and what didn’t count as evidence

Research notes

  • The nationwide vacatur that removed the 2024 rule (Tennessee v. Cardona, E.D. Ky., 2025-01-09) predates the evidence window and so cannot be Evidence; the Department’s own enforcement directive is the in-window act that put the 2020 rule’s due-process provisions back into force, which is why this is done rather than flagged Already true.
  • #835, the major ask on the same page, stays at partial because it asks for three things - a rescission rulemaking, restoration of the 2020 rule, and a biological definition of sex in the regulations - and the rulemaking never happened. This Quote asks only for the restoration, which did. The two are read differently.
Action
restore
Object
Title IX due process protections for accused students
ID
837