Published by Fractional Coordinator, Inc. | December 2025

As 2025 winds down, remember: the 2024 Title IX regulations remain vacated.  OCR continues to enforce the 2020 rule pending new rulemaking.  What does your compliance plan look like going into 2026?

When a federal court vacated the Biden administration’s expansive 2024 Title IX regulations on January 9 2025, many educators sighed with relief .  The final rule had broadened the definition of sex‑based harassment and introduced new obligations, but its nationwide vacatur returned institutions to the Trump‑era 2020 regulations.  As we head into 2026, the calm is deceptive.  The legal landscape is unsettled, and schools must decide how to address emerging issues such as online harassment and shifting federal priorities.

A Legal Framework with Teeth

Title IX is best known for protecting students from sex discrimination in education.  Under the 2020 rule, schools must investigate allegations of harassment that are severe, pervasive and objectively offensive, offer supportive measures and provide due process to both parties .  OCR has repeatedly stated that these requirements remain in force while new rulemaking is pending .

The vacated 2024 rule would have expanded the definition of sex discrimination to include sexual orientation and gender identity.  Instead, a February 2025 memo reminded OCR investigators that the 2020 rule applies and highlighted an executive order directing agencies to recognize only two sexes .  This tension between evolving societal norms and a static regulatory framework leaves schools in a precarious position.

An Uneven Landscape of Readiness

Over the past year, we’ve seen a patchwork of responses.  Some institutions have conducted comprehensive audits of their Title IX policies and training programs.  They’ve updated grievance procedures to align with the 2020 rule, created clear pathways for reporting online harassment and invested in supportive services.  Others, often with fewer resources, still rely on outdated policies, leaving staff and students unsure of their rights and responsibilities.

Digital misconduct illustrates this divide.  OCR’s January 2025 guidance confirms that non‑consensual image sharing, cyber‑stalking and harassment via social media can violate Title IX .  Yet many schools lack protocols for monitoring or responding to online behavior.  Students encounter inconsistent experiences: some campuses offer robust support, while others are silent when harassment occurs off campus but spills into the educational environment.

The Weight of Old Frameworks

Just as outdated IT systems complicate ADA compliance, older Title IX frameworks pose challenges.  Some institutions built their grievance processes around the now‑vacated 2024 rule; others still reflect pre‑2020 practices.  Untangling these layers requires careful legal analysis.  Policies must be rewritten, training materials revised and investigators retrained to ensure compliance with the 2020 standards.

Complicating matters further, executive orders issued in 2025 signal a shift away from diversity, equity and inclusion initiatives.  Schools that incorporated DEI language into Title IX policies now face questions about whether those provisions will endure.  Meanwhile, courts continue to hear challenges to various aspects of Title IX enforcement, meaning today’s guidance could change again in 2026.

A Cultural Shift in What Compliance Means

Beyond regulatory changes, Title IX compliance is experiencing a cultural shift.  Historically, Title IX coordinators and small compliance offices bore the responsibility for handling harassment complaints.  The emerging reality is that Title IX touches every corner of the campus: residence life, athletics, online course design and even social‑media policies.

To move from a reactive to a proactive posture, institutions are forming cross‑functional committees that include IT, student affairs, faculty and legal counsel.  They’re embedding Title IX considerations into syllabus templates, faculty training and digital‑platform procurement.  This cultural shift recognizes that preventing harassment and ensuring equitable access to education is everyone’s responsibility.

A Deadline That Signals Something Larger

With the 2020 rule still in place and a new rule likely in the works for 2026, compliance is not a one‑time project.  Administrators should view the coming months as an opportunity to strengthen systems rather than merely check a box.  Staying agile will allow institutions to adapt when new regulations arrive—whether they broaden or narrow protections.

Key actions before 2026:

• Audit your Title IX policy against the 2020 rule’s requirements for definitions, jurisdiction, grievance procedures and supportive measures.

• Train investigators and decision‑makers on digital harassment and due process obligations .

• Develop clear communication for students and employees about how to report incidents, what support is available and what to expect during investigations.

• Monitor federal developments by subscribing to OCR updates and reading the Federal Register .  Political shifts and litigation could alter the landscape quickly.

Partnering with Fractional Coordinator

Fractional Coordinator, Inc. supports public colleges, universities and school districts as they navigate these rapid changes.  We help institutions assess current policies, align them with the 2020 regulations, prepare for upcoming rule changes and integrate digital‑harassment protocols.  Our services include staff and faculty training, policy drafting, supportive‑measure strategy and compliance monitoring.

To learn more or schedule a consultation, visit www.fractionalcoordinator.com or email support@fractionalcoordinator.com.