The Department of Education’s Office for Civil Rights sent a letter on Jan. 31 to notify schools and universities that it would revert back from former President Joe Biden’s 2024 regulations to Title IX policies President Donald Trump implemented in his first presidential term. This ruling applies to all schools that receive federal funding, which includes Vanderbilt, although the university never shifted to the 2024 policy.
The Biden administration’s regulations intended to expand the definition of sex discrimination and harassment, but several states, including Tennessee, challenged them. Twenty-six Republican-led states sued the Biden administration over these changes due to concerns that it violated the First Amendment and the Administrative Procedure Act.
Republican attorney generals in Indiana, Kentucky, Ohio, Tennessee, West Virginia and Virginia argued that the U.S. Department of Education “has used rule making power to convert a law designed to equalize opportunities for both sexes into a far broader regime of its own making.” On Jan. 9, a federal court in Kentucky ruled that the 2024 Title IX regulations the Biden administration released in April 2024 were unconstitutional and therefore invalid nationwide.
In a statement to The Hustler, a representative from the university explained how the rulings impact Vanderbilt.
“Since the 2024 Title IX rules had previously been enjoined in Tennessee — and with respect to Vanderbilt, were also enjoined because we are one of several hundred institutions enrolling students affiliated with certain student groups that obtained another injunction — Vanderbilt’s policies were not revised to reflect the 2024 rules,” the statement reads. “Our policies currently reflect compliance with the 2020 regulations.”
According to the Vanderbilt Title IX Office, a federal district court instructed all institutions in the state to follow the 2024 policies prior to its implementation. However, on June 17, 2024, an injunction, which resulted from a lawsuit led by the Tennessee Attorney General, paused this order.
“Although the Title IX Office had drafted a new policy and set of procedures that were compliant with the 2024 regulations and was ready to implement that policy, because of the injunction, we have continued to operate under the policies in place at the time the court issued the injunction, which are the current Sexual Misconduct Policy and Formal Grievance Protocol,” the office said.
Current Title IX policy
Vanderbilt’s current Title IX regulations are aligned with the U.S. Department of Education’s regulations effective August 14, 2020, while also extending protections beyond what federal law mandates. Vanderbilt utilizes a dual track system, in which the Sexual Misconduct Policy covers a wide range of sexual misconduct behaviors, while the Formal Grievance Protocol handles conduct that falls under the narrower definitions required by federal Title IX law.
The policy applies to all members of the Vanderbilt community and covers conduct both on and off campus when connected to university activities. It provides supportive measures such as counseling services, academic accommodations and housing changes.
The Biden administration’s 2024 Title IX Final Rule introduced major changes to the policy. The new rule intended to broaden the definition of sex discrimination to sexual orientation, gender identity and sex stereotypes so protections for LGBTQ+ students would be expanded. The rule also enlarges Title IX’s jurisdiction by stating schools must address misconduct occurring off campus or abroad if it affects students’ educational environment.
In contrast to Trump’s regulations, Biden’s rule intended to remove the requirement for live hearings with cross examination. Instead, schools would be able to adopt a single investigator model and offer flexibility for complainants who do not wish to participate in live proceedings.
Senior Ellie Kearns, Vice President of Vanderbilt Student Government, submitted a public comment to the Biden administration last spring on what she believed were necessary amendments to Title IX.
“I advised the Biden administration to expand universities’ jurisdictions to off-campus events, improve access to supportive measures for survivors, prevent victim traumatization through cross-examination, increase funding for Title IX advisors and protect victims from being placed in dorms/classes with their perpetrators,” Kearns said in a statement to The Hustler. “I was pleased to see that the Biden administration adopted many of my suggestions but was disappointed with how long it took them to reverse President Trump’s first term policies.”
Title IX process at Vanderbilt
According to The Title IX Office, it receives and responds to reports of sexual misconduct and sex-based discrimination. It also works with the campus community to provide support to pregnant and parenting students.
“Vanderbilt treats all parties involved in a case fairly and, consistent with the relevant Title IX regulations, does not take punitive action, such as removal from an organization or campus, against the person alleged to have engaged in the misconduct — who our office terms the respondent — unless and until there has been a finding of responsibility,” the office said.
When the office receives an incident report of alleged sexual misconduct, they first contact the affected party to offer an informational meeting and supportive measures. The complainant then decides how they wish to proceed. During meetings, the Title IX office explains their process and outlines the options available to the complainant, including both a formal investigation and informal resolution.
“If a complainant would like to request an investigation or to enter the informal resolution process, they file a Formal Complaint with our office. It is the Formal Complaint that triggers an investigation, not the incident report itself,” the office said. “In most cases, our office will not initiate an investigation unless the complainant chooses to and signs a Formal Complaint.”
To ensure Vanderbilt fulfills its Title IX obligations of a safe and nondiscriminatory environment, the Title IX Coordinator will, in limited circumstances, initiate an investigation on behalf of the university without a request in order. The respondent is not notified of the incident report until a Formal Complaint is filed and the investigation is about to begin.
“The Title IX process is complainant-driven and is designed to help the parties be able to continue to engage in the Vanderbilt community while going through our process,” the office said.
The complainant can also request supportive measures, including dean’s notifications, class schedule adjustments, no contact directives, housing relocation and the choice not to pursue an investigation. The Title IX Office also partners with other campus offices, including the Project Safe Center and the Student Care network, to provide further support to students.
As these offices are separate and have differing responsibilities, they often coordinate for student convenience and support so students do not have to visit multiple offices or retell their story multiple times. Project Safe does not conduct investigations like the Title IX Office, but instead, offers confidential, 24/7 support, education and advocacy to help students navigate their options and access resources.
According to Cara Tuttle, Project Safe director, Project Safe supports students through culturally competent, trauma-informed victim advocacy that acknowledges the diverse backgrounds and historical barriers survivors may carry.
“A survivor’s background may influence their decision to report, whom they confide in and which services they trust for support and healing,” a representative from Project Safe said in a message to The Hustler. “Our team is diverse in our knowledge and backgrounds, and we emphasize minimizing stress, confusion and retraumatization, tailoring support to each individual’s needs.”
Project Safe said it believes student awareness of Title IX has significantly increased due to orientation sessions, educational programs, national news coverage and advocacy efforts by prevention educators and student activists. Staff from Project Safe and the Title IX office are available to help students understand their rights and options provided by the law and Vanderbilt’s policies.
“For persons engaged in our process, during the pendency of an investigation, our investigators send regular updates to the parties containing short summaries of the work that they have done so that the parties know that their case is being looked after,” the Title IX Office said.
Other preventative initiatives at Vanderbilt include Title IX training, programming during Domestic Violence Awareness Month in October, Sexual Assault Awareness Month in April and various online and in-person training sessions offered during orientation. The programs are intended to spread awareness of Vanderbilt’s policies regarding sexual misconduct and help students prevent misconduct during their time on campus.
