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Regents reinstate 2020 Title IX policy language after federal court vacated 2024 rule
Summary
The Board of Regents approved reinstating the NSHE policy language that implements the U.S. Department of Education—s 2020 Title IX regulations and approved temporary code amendments to align system policy and code while offices monitor new federal guidance.
The Board of Regents voted on Jan. 31 to restore NSHE’s Title IX policy language based on the Department of Education’s 2020 regulations after a federal court decision vacated the 2024 rule nationwide.
Senior Associate General Counsel Linda King told regents the 2024 rule — which had broadened definitions and altered grievance procedures — was the subject of legal challenges in multiple states. King said a federal court in Kentucky vacated the 2024 rule’s nationwide implementation and that many NSHE campuses were already operating under injunctions. The administration recommended returning to the 2020 policy language and making temporary code changes to Title 2 and Title 10 to avoid campus confusion while the Title IX coordinators’ workgroup updates compliance materials.
The nut graf: King said the Title IX offices reported no open cases initiated under the 2024 rules at NSHE campuses and recommended reverting to the established 2020 policy so campus investigators and coordinators could implement consistent procedures while awaiting any further federal guidance or future rulemaking.
Regents approved the change by unanimous voice vote. King said the system’s Title IX coordinators would continue weekly coordination and that the chancellor’s office and the legal team would watch for additional guidance from the U.S. Office for Civil Rights.
Ending: The change restores familiar procedural definitions and investigator protections under the 2020 regulatory framework; the system will bring permanent code amendments back to the March agenda as required by administrative rules.
All direct quoted language in this article is from Senior Associate General Counsel Linda King’s remarks as recorded in the meeting transcript.
