American University must continue to comply with the Department of Education’s 2020 Title IX regulations and Sexual Harassment Policy instead of the 2024 regulations “until further notice,” American University Vice President of Inclusive Excellence Nkenge Friday and Assistant Vice President for Equity and Title IX Coordinator Leslie Annexstein announced in an email Monday.
The announcement says AU is one of hundreds of universities nationwide affected by a recently issued injunction, as part of legal challenges to new Title IX regulations prohibiting sexual orientation and gender identity discrimination issued by the Department of Education on Aug. 1.
This injunction “prevents the Department of Education from enforcing the 2024 regulations with respect to those universities listed in the injunction,” Friday and Annexstein wrote.
The injunction and others like it come as multiple states’ attorneys general file lawsuits challenging the 2024 regulations that include prohibiting discrimination based on sex stereotypes, sexual orientation and gender identity.
The University is working on “updates and improvements to the Title IX Sexual Harassment Policy to facilitate greater clarity for the community,” as well as “updating the Discrimination and Non-Title IX Sexual Misconduct Policy,” according to the email. The University's Discrimination and Non-Title IX Sexual Misconduct Policy is more expansive in protecting students from discrimination as it follows both federal and local nondiscrimination laws.
Friday and Annexstein cite a prohibition on discrimination based on sexual orientation and gender identity and expression under D.C. Human Rights law as a key element of the University’s current policy.
“As we continue to strengthen our resources and connect on related updates, we will continue to focus on education, equitable processes and ongoing community engagement,” Friday and Annexstein wrote.
This article was edited by Payton Anderson, Tyler Davis and Abigail Turner. Copy editing done by Luna Jinks and Ella Rousseau.
