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Survivor Rights Center · 2026-10-20 · 5 min read

Reviewed by Survivor Rights Center · Updated 2026-10-21

Key takeaways

  • A 2024 Title IX rule was vacated nationwide on January 9, 2025, by a federal court in the Eastern District of Kentucky.
  • In a Dear Colleague Letter dated February 4, 2025, the Department of Education's Office for Civil Rights said it would enforce the 2020 Title IX rule and the regulations at 34 C.F.R. Part 106.
  • A school's internal Title IX process is separate from a civil lawsuit and from a criminal case, and each has its own rules and deadlines.
  • Federal guidance can change. Check the Department of Education's Title IX page for the current rules before relying on any summary.
BRIEFING

What Title IX is

Title IX of the Education Amendments of 1972 prohibits sex discrimination in education programs and activities that receive federal funding. The Department of Education's regulations, at 34 C.F.R. Part 106, set out how schools must respond to sexual harassment, including sexual assault, and the Office for Civil Rights (OCR) enforces them.

A short timeline

  • 2020: the Department issued a Title IX rule that took effect on August 14, 2020.
  • 2024: the Department issued a new Title IX rule.
  • January 9, 2025: a federal court in the Eastern District of Kentucky vacated the 2024 rule nationwide.
  • February 4, 2025: OCR issued a Dear Colleague Letter stating that it would enforce Title IX under the 2020 rule and 34 C.F.R. Part 106, and that open investigations would be reviewed for consistency with those rules.

What this means for a survivor

As of the latest Department guidance we reviewed, school Title IX processes are measured against the 2020 rule. That rule shapes how a school receives a report, what supportive measures it offers, and how any grievance process works. Ask the school's Title IX coordinator for its current written policy and grievance procedures, which describe how the process works at that school.

Rules may change again through new regulations, guidance or court decisions. Before relying on this or any other summary, check the Department of Education's Title IX page or OCR's page on the regulations it enforces.

Three separate paths

A Title IX complaint to the school, a complaint to OCR, a criminal report to police and a civil lawsuit for damages are different processes. Using one does not require using the others, and each has its own timing rules. Check OCR's complaint instructions for its filing timeline, and ask a licensed attorney which civil deadlines apply to you.

Survivor Rights Center is a free survivor-education resource, not a law firm, and nothing here is legal advice. For advice about your situation, talk with a licensed attorney or a victim advocate. RAINN's National Sexual Assault Hotline is free, confidential and available 24/7 at 800-656-4673.

Frequently asked questions

As of the Department of Education's February 4, 2025 Dear Colleague Letter, OCR said it would enforce the 2020 Title IX rule and 34 C.F.R. Part 106, after the 2024 rule was vacated on January 9, 2025. Check ed.gov/titleix for any later changes.

No. A Title IX complaint is handled by the school, and an OCR complaint by the Department of Education. A civil lawsuit is filed in court and has its own legal standards and deadlines.

No. They are separate processes, and you can decide about each one on its own terms, with support from an advocate if you want it.

This article is general educational information, not legal advice. Confirm specifics with a licensed attorney in your state; many offer a free first consultation. If you need support now, the RAINN hotline is 800-656-4673, 24/7.

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