In a major ruling on Thursday, January 9, 2025, a federal judge struck down the Biden administration’s Title IX regulations in the case of Tennessee vs. Cardona. Chief Judge Danny C. Reeves of the U.S. District Court for the Eastern District of Kentucky ruled that the 1,500-page directive was “arbitrary and capricious,” violating both the spending clause and the First Amendment, as well as the Administrative Procedure Act (APA).

This ruling marks a significant shift in Title IX interpretation and implementation, with far-reaching consequences for students across the country. As an attorney with extensive experience in Title IX cases and prior work within Auburn University’s Title IX office, I’ve closely analyzed this ruling and its potential impact on our campus community.

Key Aspects of the Court’s Decision

• Overreach of Authority: The court found that the Department of Education had exceeded its boundaries by extending Title IX beyond its original intent.
• First Amendment Concerns: The regulations were deemed to infringe upon free speech rights, particularly in mandating the use of preferred pronouns.
• Interpretation of “Sex”: Judge Reeves emphasized that discrimination “on the basis of sex” in Title IX refers to discrimination based on being male or female, not gender identity.
• Vacatur Issued: The court issued a vacatur, effectively erasing the 2024 Title IX regulations and preventing their application nationwide, not just in the states involved in the lawsuit.

Impact on Auburn University Students

While this ruling is significant nationally, its impact on Auburn University students is more limited:

1. Pre-existing Injunction

The 11th Circuit, which includes Alabama, was already under an injunction regarding the 2024 Title IX regulations. As a result, Auburn University never implemented these regulations and has been operating under previous Title IX guidelines.

2. Protection for LGBTQ+ Students

Although the ruling narrows the interpretation of “sex” under Title IX, LGBTQ+ students at Auburn remain protected under the university’s general policy against discrimination and harassment. This policy has been in place independently of Title IX regulations and will continue to provide safeguards for LGBTQ+ students.

3. Original Scope of Title IX Coverage

Title IX still prohibits discrimination based on sex in educational programs and activities that receive federal funding. This includes:

• Admissions and recruitment
• Financial aid
• Athletics
• Course offerings and access to facilities
• Student counseling and health services

What Happens Next?

For now, schools and colleges that were following the 2024 regulations will stop doing so. Many institutions may return to the policies they had before these regulations were introduced. However, this decision might not be the final word. There’s a possibility of an appeal, which would create new legal questions. Additionally, with a new presidential administration taking office soon, it’s possible that any appeal could be withdrawn or that new rules could be introduced.

What This Means for Students and Parents at Auburn University

For students and parents at Auburn University and other institutions, this decision might feel confusing. Title IX is designed to protect students from discrimination, but how those protections are implemented often depends on the specific regulations in place. With the 2024 rules now invalidated, schools may shift back to older policies, at least until there’s more clarity.

Why This Matters

This ruling is about more than just legal technicalities; it’s about how schools handle serious issues like sexual harassment, discrimination, and due process. The invalidation of the 2024 regulations is significant for students, parents, and educational institutions alike. It underscores the importance of having clear, fair procedures in place to address Title IX issues and protect the rights of all parties involved. 

Potential Future Developments

The incoming Trump administration has signaled its intention to revisit Title IX regulations. This could lead to further changes in the coming months, potentially affecting how Title IX is implemented at Auburn and other institutions. Areas that might see further revision include:

• The definition of sexual harassment.
• The scope of an institution’s responsibility to respond to off-campus incidents.
• The use of mediation in sexual misconduct cases.
• The role of Title IX coordinators.

Stay Informed and Protected

Given the evolving nature of Title IX regulations, it’s important for Auburn students to:

• Stay updated on university announcements regarding Title IX and anti-discrimination policies.
• Understand their rights under both Title IX and Auburn’s general anti-discrimination policy.
• Be aware of the resources available on campus for reporting and addressing discrimination concerns.
• Seek clarification from university officials when uncertain about Title IX-related matters.

If you or your student is involved in a Title IX matter—whether as a complainant or a respondent—this ruling could have a significant impact on your case. While Auburn’s policies have remained relatively stable due to the pre-existing injunction, policies can vary from school to school, and the ruling could have deeper implications at other institutions. This is why understanding the current legal landscape is so critical for anyone involved in a Title IX case.

At Vaughn Defense, I’m here to help students and families navigate these complex and ever-changing rules. Whether you’re facing a Title IX investigation or have questions about how this ruling affects your school, I’m ready to provide the clear guidance and strong representation you need to secure a favorable outcome. Please contact us by calling (334) 232-9392 or contact us online.