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Title IX Should Protect Students—But Not All Students Per The DOE

Girl Experiencing Sexual Harassment Title IX Protects

I recently received a phone call from the assistant principal at my sixth-grade child’s school. At first, I felt confused. My child is a straight-A student who has never been problematic at school… so why is this woman calling me?

As it turns out, the issue wasn’t what my child did but rather what another student did to them.

All it took was a single mention of “inappropriate touching” and “a Title IX issue,” and I completely shut down. The conversation brought back my own sexual assault history and how poorly the teachers and administration at my school handled it. 

At the time, I didn’t know any better. I was thirteen years old and assumed that because the adults I told dismissed it by saying, “He’s a good Christian boy. He wouldn’t do anything to hurt you,” they must be right. I continued to endure repeated emotional and sexual abuse for two and a half years—abuse Title IX policies should have protected me from.

What is Title IX?

Title IX is a federal civil rights law passed as part of the Education Amendments of 1972. It prohibits sex-based discrimination in any education program or activity that receives federal funding. While many people associate Title IX with equal opportunities in sports, its protections extend far beyond athletics. The law ensures that no one discriminates against students, faculty, and staff based on sex, including protections against sexual harassment, assault, and gender-based discrimination in schools.

Over the years, Title IX has evolved through various interpretations and policy changes. Different administrations have expanded or narrowed its scope, particularly regarding how schools handle reports of sexual misconduct and the rights of LGBTQ+ students. Former President Biden sought to strengthen Title IX protections by reversing policies from the Trump administration. His changes expanded safeguards for transgender students and enhanced the way schools address sexual harassment and assault cases. However, with the recent announcement from the Department of Education, those changes will roll back. This change sparks concerns about the future of these protections.

The Consequences of Rolling Back 2024 Changes

In their recent “Dear Colleague” Letter, the United States Department of Education claims that reverting to the previous language of this provision will “champion equal opportunity for all Americans, including women and girls, by protecting their right to safe and separate facilities and activities.” Furthermore, the Department argues that these changes will “end a serious threat to campus free speech.” But this reasoning is flawed. The data simply does not support the idea that transgender and nonbinary students in gender-separated spaces pose a risk to others. If anything, they are more often the ones in danger.

The Statistics Say It All

The reality is that most teen sexual assault victims are harmed by someone they know—often a romantic partner or friend of another gender. Nearly half of these assaults happen at school. Yet, there is no data to suggest these incidents occur because transgender or non-binary youth are using facilities that align with their gender identity.

On the contrary, LGBTQ+ students are nearly four times as likely to be sexually assaulted. Research also shows these incidents occur more frequently when students are forced into restrooms and locker rooms that don’t align with their gender identity. In other words, these policy changes don’t make anyone safer. Instead, they increase the risk for already vulnerable students while ignoring the actual perpetrators of school-based sexual violence.

Biden’s Changes Were Not Yet Implemented

Finally, the recent change to Title IX issued by former President Biden last year was not set to take effect until August 2025. Therefore, no sexual assaults occurred as a result of the provision.

In both my case and my child’s, our perpetrators were cisgender, heterosexual boys—the same demographic responsible for the majority of teen sexual assault cases. This isn’t an opinion; it’s a fact backed by decades of research. Yet, instead of focusing on real threats, these policy rollbacks turn trans and nonbinary youth into scapegoats while doing nothing to prevent the very violence that Title IX was designed to stop.

The Need for True Protection Under Title IX

As a survivor of sexual assault and a mother now navigating this terrain for my own child, I know firsthand that rolling back Title IX protections does nothing to safeguard our children. It merely shifts the focus away from the real issue—addressing and preventing abuse. True protection under Title IX means fostering an environment where all students, regardless of gender identity or sexual orientation, are safe and supported.

If the goal is to create safer schools, then we need policies that address the root causes of sexual violence. We don’t need ones that scapegoat marginalized groups. Our children deserve better than outdated, discriminatory practices disguised as protective measures. We owe it to every student—past, present, and future—to uphold Title IX as a tool for genuine safety and equality, not as a weapon for exclusion and fear.

We cannot let the trauma of one generation be passed down to the next. Everyone must act now, as our children’s safety and dignity depend on it.

Feature Image from Pexels.

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