- posted: Jun. 26, 2025
Title IX of the Education Amendments of 1972 bars discrimination based on sex at educational institutions, including leading New Jersey universities such as Rutgers, Princeton, Montclair State, NJIT TCNJ, Seton Hall and Monmouth. In many cases, these actions are initiated when someone attending a school alleges that they have been harassed or abused by a fellow student or staff member. Though they are not criminal cases, an adverse Title IX decision could trigger severe consequences for someone accused of misconduct, even expulsion or dismissal. However, shifting standards can make it difficult for complainants and respondents to understand exactly what one of these proceedings entails.
Early in 2025, the Department of Education announced that it is reinstituting the 2020 Title IX regulations and revoking changes that were instituted last year. Implementation of the 2024 rules was already on hold in numerous states due to a court challenge. Some of the recent updates to Title IX enforcement procedures address the following issues:
Right to face accuser — Once again, a respondent must be given the ability to cross-examine their accuser. While this right is fundamental in the criminal justice system, it was removed in the 2024 revision because of concerns about traumatizing victims of sexual harassment and abuse.
Limitation of scope — The recent adjustments also narrowly constrain Title IX's jurisdiction, stipulating that it applies only to incidents occurring on campus. This geographic limitation has significant implications, potentially removing many incidents, such as encounters at off-campus parties, from Title IX review.
Right to an attorney — Both complainants and respondents now possess the right to have an attorney present during a Title IX hearing. Previously, some schools barred legal representation for certain accused individuals.
Revised definition of sexual harassment — Under the current rule, sexual harassment is defined as conduct that is “so severe, pervasive, and objectively offensive” that it “effectively denies equal access” to a student seeking an education. The 2024 language was broader, covering less severe forms of alleged misconduct.
Another change is the is the absence of explicit protections for transgender students. In related guidance, the administration has stated that the participation of transgender individuals in women’s sports constitutes a Title IX violation.
As the rules governing Title IX cases continue to evolve, it is important for someone named as a respondent to retain an attorney who has extensive experience defending college students in these matters. Whether you or your child attends Rutgers, Montclair State, NJIT, TCNJ, Seton Hall, Monmouth, Princeton, a community college or another Garden State school, these matters should be treated with the utmost seriousness.
The Law Offices of Eric B. Morrell in New Brunswick protects the rights of students who have been accused of sexual misconduct on campus. To discuss your situation with a qualified New Jersey Title IX defense lawyer, please call 908-768-3837 or contact me online for a free consultation.
- posted: Jun. 26, 2025
Title IX of the Education Amendments of 1972 bars discrimination based on sex at educational institutions, including leading New Jersey universities such as Rutgers, Princeton, Montclair State, NJIT TCNJ, Seton Hall and Monmouth. In many cases, these actions are initiated when someone attending a school alleges that they have been harassed or abused by a fellow student or staff member. Though they are not criminal cases, an adverse Title IX decision could trigger severe consequences for someone accused of misconduct, even expulsion or dismissal. However, shifting standards can make it difficult for complainants and respondents to understand exactly what one of these proceedings entails.
Early in 2025, the Department of Education announced that it is reinstituting the 2020 Title IX regulations and revoking changes that were instituted last year. Implementation of the 2024 rules was already on hold in numerous states due to a court challenge. Some of the recent updates to Title IX enforcement procedures address the following issues:
Right to face accuser — Once again, a respondent must be given the ability to cross-examine their accuser. While this right is fundamental in the criminal justice system, it was removed in the 2024 revision because of concerns about traumatizing victims of sexual harassment and abuse.
Limitation of scope — The recent adjustments also narrowly constrain Title IX's jurisdiction, stipulating that it applies only to incidents occurring on campus. This geographic limitation has significant implications, potentially removing many incidents, such as encounters at off-campus parties, from Title IX review.
Right to an attorney — Both complainants and respondents now possess the right to have an attorney present during a Title IX hearing. Previously, some schools barred legal representation for certain accused individuals.
Revised definition of sexual harassment — Under the current rule, sexual harassment is defined as conduct that is “so severe, pervasive, and objectively offensive” that it “effectively denies equal access” to a student seeking an education. The 2024 language was broader, covering less severe forms of alleged misconduct.
Another change is the is the absence of explicit protections for transgender students. In related guidance, the administration has stated that the participation of transgender individuals in women’s sports constitutes a Title IX violation.
As the rules governing Title IX cases continue to evolve, it is important for someone named as a respondent to retain an attorney who has extensive experience defending college students in these matters. Whether you or your child attends Rutgers, Montclair State, NJIT, TCNJ, Seton Hall, Monmouth, Princeton, a community college or another Garden State school, these matters should be treated with the utmost seriousness.
The Law Offices of Eric B. Morrell in New Brunswick protects the rights of students who have been accused of sexual misconduct on campus. To discuss your situation with a qualified New Jersey Title IX defense lawyer, please call 908-768-3837 or contact me online for a free consultation.
