Impact of Title IX Preliminary Injunctions on Massachusetts Colleges and Universities

By Amy Fabiano • July 15, 2024

As of July 15, 2024, fifteen states are subject to a temporary injunction blocking enforcement of the Title IX Act 2024 regulations, which are scheduled to take effect on August 1:

• Alaska
• Idaho
• Indiana
• Kansas
• Kentucky
• Louisiana
• Mississippi
• Montana
• ohio
• Tennessee
• Texas
• Utah
• Virginia
• West Virginia
• Wyoming

Colleges and universities in these states should continue to comply with the 2020 Title IX regulations until the cases are resolved or (though unlikely) the preliminary injunction is vacated or successfully appealed in district court.

July 2, 2024, a temporary injunction issued by the United States District Court for the District of Kansas — which affects law enforcement in Alaska, Kansas, Utah, and Wyoming — also affects colleges and universities attended by any of the members Young America Foundation, United Athletesor in which a minor child of a member participates We are for Freedom.

As a result, this preliminary injunction could impact colleges and universities beyond the fifteen states currently covered by the order.

Plaintiff organizations – Young America Foundation, Female Athletes United and Moms for Liberty – are required to provide a list of schools attended by their members by July 15, 2024. Schools don’t do it must proactively determine whether their students are affiliated with these organizations. A federal judge — Judge John Broomes — will rule on that motion, formally ordering those specific schools to enforce the Title IX regulations of 2024.

Three other lawsuits challenging the regulations are still pending in courts in Alabama, Missouri and Oklahoma. The Supreme Court’s June decision in the case Loper Bright vs Raimondo will impact how lower courts rule on cases challenging the 2024 Title IX regulations.

Bowditch is closely monitoring these cases for their impact on our clients and Massachusetts colleges and universities. However, the August 1, 2024 deadline for Title IX compliance is fast approaching—colleges that are not subject to preliminary injunctions should work toward compliance by updating their policies and procedures, amending their nondiscrimination notices, scheduling training for all Title IX staff and staff, and updating websites and templates.

If you have questions about how court orders will impact your school and how to ensure Title IX compliance before the August 1 deadline, please contact your Bowditch attorney.

Classified: Discrimination, Title IX

Tagged in: discrimination, Title IX compliance, Title IX regulations