Leadership update: Important updates regarding Title IX injunctions

July 31, 2024

Dear Colleagues, 

I hope this message finds you well and enjoying these last weeks of summer. I want to share some important updates about our implementation of the new federal Title IX regulations in light of a recently issued preliminary injunction that applies to MSU, along with hundreds of other colleges and universities. 

As you may be aware, several federal courts have issued preliminary injunctions while lawsuits are pending, which target the provisions related to gender identity coverage in the new Title IX regulations. These legal challenges argue that the protections for transgender individuals exceed the authority of the U.S. Department of Education and misinterpret or conflict with existing laws.   

As a result of the preliminary injunctions, the U.S. Department of Education is prevented from enforcing the new regulations in their entirety against states and schools where the injunctions are in effect. The preliminary injunctions are effective only during the pendency of the lawsuits and could become permanent or could be dissolved at the conclusion of each case. 

Despite these challenges, we remain steadfast in our commitment to fostering a safe and non-discriminatory environment for all members of our community. Gender identity will continue to be enshrined as a protected identity in MSU’s Anti-Discrimination Policy and Relationship Violence and Sexual Misconduct (RVSM) and Title IX Policy.  

However, due to the injunction and timelines, the implementation of the revised policies will not proceed tomorrow as planned while we await further legal developments. Instead, the following policies will remain in effect: 

• Relationship Violence and Sexual Misconduct and Title IX Policy
• Anti-Discrimination Policy 
• Mandatory Reporting for Relationship Violence, Sexual Misconduct and Stalking Policy 
• Pregnancy, Childbirth and Pregnancy-Related Conditions for Students and Employees Policy 

Title IX expectations around the frequency of training on RVSM are shifting for institutions nationwide. This shift necessitates substantial effort and collaboration from multiple departments within MSU. While the current injunction pauses many of our planned changes, we are proactively exploring ways to advance some systems now to ease future workloads. One such consideration is aligning the training frequency for employees and graduate students with the yearly requirement already in place for undergraduate students. We will continue to work closely with leadership to determine the best strategies for moving forward. 

We have developed a contingency plan in the event the new regulations do take effect and will provide updates as legal developments warrant. If you have questions about my prior DDC listserv emails about other compliance requirements under the now enjoined regulations, please email OCR@msu.edu. The Office of the General Counsel also is available for consultation.  

Thank you for your attention to this important information (please share it with your teams) and for your dedication to advancing civil rights at MSU. 

With Spartan spirit, 

Laura Rugless (she/her) 

Vice President and Title IX Coordinator  

Office for Civil Rights and Title IX Education and Compliance  

Michigan State University