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It Appears the 2024 Title IX Regulations Are Done [January 9, 2025)

An ATIXA Tip of the Week by Brett A. Sokolow, J.D.

On January 9, 2025, a federal district court in Kentucky issued a ruling in Tennessee vs. Cardona, one of the several lawsuits against the 2024 Title IX Regulations. This particular lawsuit was filed in the 6th Circuit by plaintiff states Kentucky, Tennessee, Indiana, Virginia, and West Virginia.

As we advised last summer, the court granted a preliminary injunction. We anticipated there would be further proceedings on the merits of the case and ultimately, to determine whether the injunction would be made permanent as to the states involved in the lawsuit. After granting the preliminary injunction, the court heard additional arguments on the merits of the case, rendering its decision yesterday. As expected, the court upheld its earlier inclinations that the 2024 Regulations are unconstitutional and violated the Administrative Procedures Act (APA) by being “arbitrary and capricious.” However, rather than making the temporary injunction permanent, the court ordered vacatur.

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We recognize these are challenging times and want to share our expert, best-practice consulting guidance. If your internal team needs support navigating regulatory changes, ATIXA offers policy review management for 2020 compliance, staff training on the 2020 Regulations (suitable for new hires or as a refresher), and interim Title IX staffing for your office’s needs. For more comprehensive support, ATIXA provides access to The FAIR Center for all of your wraparound resolution process needs and Membership that connects you with industry-leading advice, up-to-the-minute regulatory and court information, and support from your professional peers who are experiencing similar challenges.

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