On January 9, 2025, a federal district court in Kentucky issued a ruling in the case Tennessee v. Cardona, which challenged the US Department of Education 2024 Title IX Regulations. The court ruled that the 2024 regulations violated the Administrative Procedures Act (APA) and were unconstitutional. As a result, the court ordered a vacatur of the regulations, which effectively makes them null, void and unenforceable nation-wide. This ruling impacts Title IX processes and policies based on the 2024 Title IX Regulations across all states.
While the US Department of Education has not yet provided guidance with respect to the implications of this ruling, CUNY will continue to closely monitor developments and provide updates as necessary. The court’s vacatur of the Final Rule returns Title IX to its pre-existing 2020 regulations ("The CUNY Policy on Sexual Misconduct"). Importantly, protections for students and employees against discrimination or harassment on account of gender, gender identity, gender expression, pregnancy status or sexual orientation remain in effect in accordance with other laws and CUNY policy.
We appreciate your understanding and cooperation as CUNY aligns its policies and procedures to comply with the ruling. Your patience during this transition period is greatly valued as we work to ensure the protection and support of all members of our community.