Title IX of the Education Amendments of 1972 forbids discrimination on the basis of sex against students at educational institutions that receive federal funding. This landmark statute provides a key protection from sexual harassment and assault to students at public and private schools in Connecticut, including the state’s colleges and universities. It has also been at issue in recent litigation over transgender students participating in Connecticut athletic events consistent with their gender identity.

Regulations and guidance implementing Title IX have inevitably become a battleground. The Obama Administration updated and expanded the reach of U.S. Department of Education agency guidance in important ways; the Trump administration sought to reverse these reforms; and in summer 2022, the Biden DOE proposed a new round of amendments to its Title IX regulations. While welcome in many respects, the 2022 proposed amendments fall short in a crucial respect: transparency.