Under the previous federal administration, the U.S. Department of Education enforced sexual violence policies on campuses robustly, addressing mishandled sexual assault cases in schools and universities with considerable government authority. This enforcement capability has diminished significantly in recent times.
The Office for Civil Rights (OCR) within the department underwent substantial workforce reductions last year amid a broad downsizing effort. The layoffs halved the legal staff responsible for probing complaints of discrimination based on race, sex, or disability in educational settings. Remaining personnel are contending with a backlog exceeding 25,000 unresolved cases.
Correspondingly, the initiation of investigations into sexual violence has sharply decreased. Internal agency data indicate that prior to the March layoffs, the OCR launched dozens of such investigations annually. Following the workforce cuts, this figure has dropped to fewer than ten sexual violence investigations opened nationwide.
Concurrently, the administration has intensified scrutiny under Title IX concerning different issues. Since President Trump's inauguration, the OCR has initiated nearly 50 investigations related to gender discrimination complaints focusing on accommodations for transgender students and athletes, highlighting a shift in enforcement priorities.
Prior to the staff downsizing, there were widespread concerns about insufficient personnel and slow procedural progress within the office. Many legal firms involved in Title IX cases have ceased filing complaints due to the office’s diminished effectiveness, perceiving it as unlikely to advance such claims.
Legal experts describe a sense of frustration and uncertainty around holding educational institutions accountable for failures in handling sexual violence complaints. One civil rights attorney from New York described the situation as confronting an ambiguous and unresponsive system.
A spokesperson for the Department of Education attributed the current caseload backlog to the prior administration's policy changes under President Biden, which reversed earlier Title IX rules and expanded protections for LGBTQ+ students. The spokesperson asserted that the OCR continues to uphold student dignity and safety while implementing policies aligning with the current administration's approach to sex-based separations in facilities.
The reduced capacity at the OCR has disproportionally affected sexual violence cases within the civil rights enforcement arena. Students seeking redress for mishandled abuse complaints face limited alternatives beyond pursuing costly and lengthy lawsuits, which often pit individuals against well-resourced institutions.
Illustrating these challenges, a graduate student who filed a complaint in 2024 alleges that her school improperly managed a sexual assault case and has yet to initiate any follow-up despite the complaint being over a year old. As a result, she has resorted to litigation, underscoring the risks and power imbalances victims encounter without active federal oversight.
The civil rights office traditionally functions as a no-cost alternative to litigation, allowing complaints to prompt investigations and sanctions for non-compliant schools. In 2024 alone, the agency reported receiving over 1,000 complaints related to sexual violence or harassment, though data on subsequent years remain unavailable. Staff indicate that case accumulation has outpaced tracking capabilities, particularly for sexual violence matters.
In late 2024, acknowledging the backlog and legal challenges to the layoffs, the department announced plans to reinstate some furloughed employees. This move has been welcomed by advocates as a potential step toward addressing pending backlogs and restoring some enforcement capacity, although officials continue to advocate for the workforce reductions.
Historically, the federal government played a pivotal role in holding educational institutions accountable for sexual assault and harassment. Prior to the second Trump administration, over 300 investigations were active concerning sexual violence issues. However, it appears many cases are currently stagnant as staff prioritize less complex complaints.
Past enforcement actions illustrate the critical protective functions of the OCR. For example, a Pennsylvania school system was required to make systemic changes after a girl with a disability was repeatedly exposed to a bus driver she accused of sexual misconduct. Similarly, a Montana school's inadequate handling of post-wrestling practice sexual assault incidents resulted in mandated corrective measures.
Federal intervention has also supported rightful procedural fairness in cases involving accused students, such as a University of Notre Dame student's complaint about procedural irregularities during expulsion proceedings on sexual misconduct charges.
Notably, enforcement under current federal regulations reflects changes made during the first Trump administration that sought to strengthen protections for students accused of sexual misconduct. Legal practitioners working with accused individuals report minimal procedural improvements and caution clients about extended resolution timelines.
Some law firms ceased filing administrative complaints in favor of direct litigation, citing the OCR's inability to deliver timely resolutions even before staffing reductions.
Complaint outcomes vary widely, including dismissals, mediation settlements, and voluntary agreements by educational institutions to implement corrective measures and prevent future violations. In 2024, under President Biden's administration, the OCR secured 23 voluntary agreements related to sexual violence investigations, a sharp decrease from 58 in 2018 but considerably more than the none recorded since the recent administration took office.
The substantial weakening of the Office for Civil Rights stands in contrast to the progress made in previous years, a cause of concern for civil rights advocates. Laura Dunn, a prominent civil rights attorney and former advisor during the Obama era, lamented the rollback of institutional support for survivors, warning of significant setbacks in civil rights advancements that had been achieved over recent decades.