The Trump administration is steadily reshaping the federal civil rights landscape through the Office for Civil Rights (OCR) and the Department of Justice (DOJ). Central to this transformation is the renewed focus on Title IX enforcement, emphasizing biological sex and banning transgender participation in athletics, and condemning diversity, equity and inclusion (DEI) and antisemitism. During Trump’s brief time in office thus far, the Department of Education (DOE) has confirmed at least 100 investigations.
Historically, OCR has investigated and reported discrimination claims involving K-12 schools and higher education. While OCR has always been able to initiate its own investigations, reports typically come from students, parents, school staff, and community members.
Recently, the administration even created its Title IX Special Investigations Team (SIT) to target schools that allow transgender individuals to participate in women’s sports or access gender-specific facilities, which it says threatens women’s rights and protections. This announcement came merely weeks after the Department eliminated half of OCR’s employees.
Initiatives Investigations Targeting DEI
Most of the administration’s current investigations center on universities’ DEI initiatives, which Trump attempted to eliminate via a recent Dear Colleague Letter. In the letter, he instructed schools to end all race-based programming or risk losing federal funding. The investigations that followed predominantly involved DEI-related policies including admission practices, which the administration argues violates Title VI, a federal law prohibiting race-based discrimination in schools. Some schools currently under investigation include Yale, Duke, Cornell, and NYU.
Investigations Targeting Transgender Inclusion
Almost immediately after taking office, Trump declared that the US only recognizes two genders and labeled gender inclusive practices as “gender ideology extremism.” Shortly after, he issued an executive order banning transgender participation in athletics, which he said denied women equal access to competitive sports.
Next to DEI investigations, transgender student policies are the next largest focus of the administration’s investigations. Maine drew attention after its governor told Trump, “we’ll see you in court,” when the president threatened to withdraw their federal funding for allowing transgender girls to compete in girls’ sports. The administration also announced investigations into a Denver school district regarding a school’s all-gender bathroom, citing that the bathroom violated Title IX.
Investigations Targeting Antisemitism
The administration has also expanded its civil rights enforcement to address antisemitism on college campuses, which it says has been caused by the perceived overreach of DEI programs. Investigations have been launched into institutions like Harvard University, scrutinizing their handling of antisemitism allegations and DEI initiatives.
Critics argue that these actions represent a politicization of civil rights enforcement, diverting attention from protecting marginalized groups to targeting policies that support diversity and inclusion. Advocacy groups contend that the administration’s focus undermines protections for transgender students and survivors of sexual violence.
How We Can Help
As Title IX professionals stay informed of all Title IX updates and prepare for their impact, Title IX Consult can help keep your schools compliant. For general up-to-date Title IX information and how it affects you and your institution, join us for Title IX Thursdays on the first Thursday of every month. For more information about our Title IX consulting services, including advising, hearing adjudication, and investigation, contact us at info@titleixconsult.com.