Tim Tai

The University could soon be forced to choose between adopting the Trump administration’s interpretation of “sex” as a person’s biological sex at birth or adhering to current legal precedent, which recognizes discrimination against gender identity and sexual orientation as a form of “sex discrimination.” The institution will likely face legal challenges regardless of its decision, risking losing access to federal funds if it fails to adhere to Trump’s definition.

On Feb. 4, the Department of Education announced the reversal of former President Joe Biden’s 2024 Title IX regulations in a written statement sent to schools and universities across the United States. The decision overturns the sexual misconduct policies and measures implemented during Biden’s term and the administration’s interpretation of “sex discrimination” to encompass gender and sexual identity-based discrimination, reverting to the first Trump administration’s policy.

According to Naomi Shatz LAW ’08, an anti-discrimination litigator whose practice focuses on Title IX on university campuses, Trump’s policies include expanding the accused’s rights in sexual misconduct cases, requiring schools to offer some support to the defendant. She noted that the administration has not yet issued any new regulation on Title IX.

However, the reversal does not affect Yale’s current policies on sexual misconduct. Multiple legal challenges prevented the DOE from enforcing Biden’s Title IX regulations, with the University continuing to operate under the current Trump policy since 2020.

“Yale, like most other schools, never changed their policies,” Shatz said. “There were a bunch of legal challenges, and courts enjoined those regulations. So in practice, Yale and most other schools didn’t make any changes to their policy.”

Shatz noted that the DOE also adopted a new definition of “sex” following an executive order issued by President Trump on Jan. 20. The mandate — cited in the DOE’s Feb. 4 statement to schools — recognizes “two sexes, male and female,” limiting the department’s interpretation of “sex” to a person’s biological sex at birth.

During his first term, Trump and members of his administration did not offer an interpretation of the word, said Shatz, with their initiatives instead concentrating on revising sexual misconduct policies.

According to Shatz, under this new definition, policies that protect trans students — once required by the Biden administration — could now be investigated by the DOE as illegal forms of sex discrimination. She noted that the interpretation went against court precedent, which classified the word “sex” in “sex discrimination” to encompass sexual and gender identity.

“What’s getting lost a lot in the conversation about all these executive orders is that the executive orders are not law,” noted Shatz. “[They are] how Trump is directing his agencies to interpret the law, but the laws are interpreted by the court.”

She emphasized that if Yale were to comply with Trump’s executive order, it would violate state and federal laws. According to Shatz, the University could also face legal challenges from students and members of the community, analogous to those that prevented Biden’s policies from going into effect. 

However, Title IX is a federal funding statute allowing the government to condition federal funds on compliance with the law. Any school that accepts federal funding but fails to comply with Title IX can be investigated by the Department of Education.

The University — alongside other educational institutions — now faces the decision of whether to adhere to the Trump administration’s interpretation of “sex” and potentially face lawsuits from students or whether to dismiss the definition and face an investigation, as well as the possibility of funding cuts. 

“I don’t know which way schools are going to go,” noted Shatz. “There’s an argument that they can’t follow these executive orders, and also that the government can’t withhold funds because schools are complying with existing law. We’re going to be seeing all that play out in the court.”

She noted that the DOE has never previously pulled funding from a school. However, Shatz said that she was uncertain whether this trend would hold true under the current Trump administration. 

Referencing Project 2025 — an outline for federal policy agenda during Trump’s second term — she noted the document’s arguments for dismantling the DOE and acknowledged that she was uncertain how the administration would enforce its interpretation of Title IX without the executive agency.

On Feb. 13, Trump criticized the DOE, calling for the department’s “immediate” end.

In a statement to the News, Elizabeth Conklin, associate vice president for institutional equity, accessibility and belonging and Title IX coordinator, noted that the University was “monitoring” the developments at the federal level and reaffirmed the University’s commitment to complying with state and federal law.

“Yale is committed to maintaining a campus environment for its students, faculty, and staff that is welcoming, safe, and respectful and where community members can fully engage in their academic and professional pursuits,” Conklin wrote. 

The statement echoes the remarks made in an email sent to the University community by President McInnis on Jan. 28. Her message cited the institution’s current efforts to monitor the developments in Washington and its potential impact on Yale, recognizing the uncertainty of the situation.

Title IX was signed into law by President Richard Nixon on June 23, 1972.