On Jan. 14, 2025, in an email titled “An Important Message from the Office of Title IX,” members of the Elizabethtown College campus community were informed the 2024 regulations of Title IX would no longer apply to higher education institutions. Due to this change, higher education institutions, including Etown, would now have to rely on the 2020 regulations to inform their decisions around sexual harassment and sex-based discrimination.
This decision across higher education came from a case in the 6th circuit, Tennessee v. Cardona, which raised concerns around the widening of the definition of sex to include identities beyond only male and female to include transgender and non-binary identities. While Tennessee is the state mentioned in the name of the case, Kentucky, Ohio, Indiana, Virginia and West Virginia also filed to rescind the 2024 regulations. This represents a wider dissatisfaction with the 2024 regulations across the U.S.
Although it was not the focus of concern, the 2024 provisions also included sexual orientation and expanded protections for people who are pregnant and parenting and those impacted by sex-based discrimination. With the move back to the 2020 regulations, these changes will also not be maintained.
One thing to note about this change is that the 2024 regulations were never actually put into place since Tennessee v. Cardona prevented the enforcement of the regulations in August 2024. The 2024-25 first school year would have been the first year for implementation, Etown operated on its regulations based on the 2020 Title IX regulations and waited on the outcome of the case for their next step forward. This means all policies in effect will continue to be enforced without change.
Going back to the 2020 regulations changes the amount of protection from Title IXLGBTQ+ individuals have when facing harassment and discrimination based on their identity. This has raise concerns for LGBTQ+ students about their safety and belonging at higher education institutions in general.
“As a trans student I knew a lot would be changing after November of last year. However it is still beyond disappointing and frightening to see these courts and states continuously turn their backs on the students who need help the most,” a student at Etown, who prefers to remain anonymous due to concerns around being outed and personal safety, said. “Still, I have hope that either the school board within our school or the state as a whole can fill in the gaps that the federal government chooses to leave blank and assist students like me.”
Civil Rights & Title IX Coordinator at Etown Gabrielle Reed acknowledged the gap, but also said there are state protections for LGBTQ+ students for those attending Etown. Pennsylvania still protects LGBTQ+ individuals through the Pennsylvania Human Relations Act and the Pennsylvania Fair Educational Opportunities Act.
“We remain committed to supporting all members of the college community, including students, faculty and staff, by providing resources, addressing concerns related to gender equity and ensuring that all individuals feel valued and heard. We continue to uphold best practices to create a safe and inclusive campus environment,” Reed said.
Navigating the policies around Title IX can be confusing. Rights and policies have been changing frequently recently due to the changes in administration and attitudes. This has been especially impactful for people with marginalized identities, who may need additional support during this time. For members of the community with any questions or concerns, Reed recommends contacting her at reedg@etown.edu or coming to her office which is located at Baugher Student Center in room 210.
“Students, faculty and staff are always welcome to reach out to the Title IX Office with questions, concerns or ideas. My door is open for discussions, and I encourage anyone to stop by to share their thoughts,” Reed said. Additionally, subscribing to newsletters from the Department of Education and the Office for Civil Rights is a great way to stay informed about future changes to Title IX and related policies.”
