Title IX Updates
Recent Changes to Title IX
On January 9, 2025, a federal judge in the Eastern District of Kentucky issued a ruling which overturned the Biden-era Title IX regulations that went into effect on August 1, 2024. As a result, all educational institutions receiving federal funding – which includes UNM – had to revert to the Trump-era Title IX regulations that went into effect on August 14, 2020.
As a result, UNM is reverting to its civil rights policies and procedures which existed prior to August 1, 2024. This means that different policies may apply to the allegations in your case. However, process and procedure will not substantially change.
If you have questions about what any of this means for your case, please see the below FAQs or contact CEEO at 505-277-5251 or ceeo@unm.edu.
FAQs
1. Will my case or investigation have to start over?No.
2. Do I need to make another statement to an investigator?
No.
3. Is there going to be another Notice of Jurisdiction sent out to everyone? If so, when?
If a CEEO investigation requires an Amended Notice of Jurisdiction, it will be sent to the parties in the case. CEEO investigators will work with parties and their support persons and/or advocates to ensure they’re aware of new correspondence so that they can plan appropriately.
4. Do I have to sign any of the CEEO forms all over again?
No.
5. Will there still be a hearing?
If a CEEO investigation is not dismissed, CEEO will still refer the case to the Hearing Office for a live, virtual hearing.
6. Will my case be dismissed?
No CEEO cases will be dismissed because of the change in regulations. However, as outlined in the CEEO Grievance Procedure, investigations may be dismissed for other reasons, such as lack of sufficient evidence for the Hearing Office to consider, a Complainant’s withdrawal of the complaint, etc.
7. Is there anything that was covered under the 2024 regs that isn’t covered anymore under the 2020 regs?
Yes; the 2024 regulations had explicit protections for pregnant students and for those who identify as part of the LGBTQIA+ community. A chart explaining procedural differences between the regulations can be found here: AWIS-Resource-Biden-Title-IX-Rule-Chart-6.12.24-vF.pdf.
Even though the 2020 regulations do not have these explicit protections, New Mexico state law and other UNM policies continue to protect students and employees with these statuses.
8. For Complainants: Am I still protected under UNM policies?
Yes. Title IX still prohibits discrimination on the basis of sex in institutions of higher education. In addition, the New Mexico Human Rights Act, the Civil Rights Act of 1964, and various federal laws – in combination – bar discrimination on the following bases: race, color, religion, national origin, ancestry, sex, sexual orientation, gender identity, age (40 or older), disability, serious medical condition, genetic informaiton, pregnancy, spousal affiliation, veteran or military status, and immigration or citizenship status.
9. For Respondents: Are the accusations against me still valid under this version of the Title IX regulations?
Yes. The current Title IX regulations bar: discrimination or harassment on the basis of sex, sexual harassment, sexual assault, dating violence, domestic violence, and stalking.
NOTE: No CEEO investigations which were initiated under the 2024 regulations have been referred to the UNM Administrative Hearing Office for a hearing. Therefore, no hearings have taken place and UNM has made no determinations or resulting disciplinary actions which would have been impacted by the January 9, 2025 court decision.
2020 Amendments
In 2020, the Department of Education revamped regulations regarding the Title IX procedural operations and protocols that all colleges and universities that receive federal funding needed to implement by August 14, 2020, to maintain compliance. The regulations aim to provide a higher level of due process to parties involved in sexual misconduct investigations on college campuses. One of the largest shifts in procedures is the utilization of a hearing panel and usage of cross examination between the parties involved with the allegations, in accordance with the guidelines for more due process. The University of New Mexico's Title IX Coordinator works to ensure that UNM is in compliance with these federal regulations.
