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SECTION I · REGULATORY · I17 · REVIEWED JULY 2026

What a new rule would change.

A further Title IX rulemaking is in progress. Nothing has changed yet - the 2020 regulations govern today. This page records what a new rule could alter for respondents, and carries a review date so you can see how current it is.
REVIEWED JULY 2026
Checked monthly. The 2020 regulations remain in force. If you are reading advice elsewhere describing a different framework, check its date.
WHICH RULES GOVERN YOUR CASE The 2020 Title IX regulations. The 2024 rewrite was vacated and does not apply.
RULE TRACKER →
THE BRIEFING · PENDING RULEMAKING

Title IX regulation has changed twice in five years and is likely to change again. This page exists so that a reader can see what is stable, what is at risk, and when we last checked.

Where things stand today.

The 2020 regulations govern. A comprehensive rewrite published in 2024 was vacated nationwide in January 2025, and the Department reverted to enforcing the 2020 framework. A further rulemaking process is in progress, and a new final rule is realistically some way off - and near-certain to be litigated when it arrives.

The provisions that would matter.

Three, above all others. The live-hearing requirement, which gives a postsecondary respondent the only adversarial forum in the process. Advisor-conducted cross-examination, which is the mechanism by which an account is actually tested. And the separation of investigator and decision-maker, which prevents the person who formed a view during the investigation from also deciding. All three were removed by the 2024 rule, and all three would be the provisions to watch in any successor.

What does not move.

Constitutional protections. Doe v. Purdue in the Seventh Circuit and Doe v. Baum in the Sixth are due process decisions binding on public universities irrespective of what the Department promulgates. Where the regulatory floor drops, those authorities become the argument rather than a supplement to it - which is why they are worth understanding even while the current rule provides more.

What it means for a case now.

Nothing changes today. The 2020 rule applies, and the practical instruction is unchanged: check the date on any advice you read, because material describing a single-investigator determination without a hearing is describing a framework that was vacated. And build the record regardless - written objections, itemised evidence requests, documented refusals and preserved policy versions are useful under any regulatory framework, and under a thinner one they matter more.

Why you should call us.

If you are scrolling through search results trying to find someone to defend you, your search is over. You have found Spodek Law Group P.C. - and we are not your average defense firm. We know a thing or two about defending the accused in campus cases - and in the criminal courts that run alongside them. Over 50 years of combined experience, some of the toughest cases in the country, and we have come out on top. We have seen it all, and we empathise with you. We understand how frightening this is, and we have a legal team who can fight and win.

Unlike other attorneys who care about their reputation with the administrators and the prosecutors, our only goal is getting you the best outcome. We owe loyalty to only you. Our lawyers listen to you, your fears, and your goals. We care about your story, and that is where the work begins - by understanding and listening to you.

On billing, we are transparent about our fees, and there are no surprises. Choosing a lawyer is a big deal and cost is a real issue, so we are committed to being your champion irrespective of your ability to pay. Our firm has a simple belief: lawyers should only take on clients whom they can truly help. Many firms are mills that take every case through the door. We do not.

Working with us starts with a risk-free consultation, in person or over the phone. You can ask us anything, for as long as it takes, and we encourage you to ask the tough questions. We are available 24/7, we practise coast to coast, and every client has direct access to a partner. Call 212 300 5196 - an attorney answers.

GENERAL INFORMATION, NOT LEGAL ADVICE. YOUR SCHOOL’S POLICY AND YOUR FACTS DECIDE EVERYTHING - AND THE CONSULTATION IS FREE. Skip reading - just call →
WHAT A NEW RULE COULD CHANGE
Six provisions at risk.
These are the provisions that mattered in the 2024 attempt, and they are the ones to watch.
AT RISK 01
The live hearing
Removed by the 2024 rule. The single most important respondent protection.
WATCH THIS
AT RISK 02
Advisor-conducted cross
Also removed in 2024, replaced by questioning through the decision-maker.
WATCH THIS
AT RISK 03
Separate decision-maker
The 2024 rule permitted a single investigator to investigate and decide.
WATCH THIS
AT RISK 04
The scope definition
Broadened in 2024, which enlarged what the process reaches.
SCOPE
AT RISK 05
Evidence access
Softened in 2024 to a description of relevant evidence.
ACCESS
STABLE
The presumption
Retained across both frameworks. Likely to survive.
PROBABLY SAFE
Constitutional protections do not move with the rule. Doe v. Purdue and Doe v. Baum are due process decisions binding on public universities regardless of what the Department promulgates - which is why they matter more, not less, when the regulatory floor is uncertain.
WHAT IT MEANS FOR A CASE TODAY
Four points.
Uncertainty about the future does not change the present.
01The 2020 rule governs
Today, and until a new rule takes effect and survives challenge.
02Check the date on any advice
Material describing a single-investigator model is describing a vacated rule.
03Litigation follows rulemaking
Any new rule will be challenged. Effective dates slip.
04Build the record either way
Objections, requests, and refusals are useful under any framework.
KEEP READING · THE TITLE IX SET
Where this page hands you off.
No page on this site is a dead end. These are the next questions people ask after this one, in the order they usually ask them.
Todd A. Spodek, Managing Partner
FIG. - THE PRINCIPAL
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