Q: I’ve been accused of sexual harassment under Title IX. What is the current legal definition?
A: The definition of sexual harassment under Title IX has shifted multiple times in recent years. As of 2026, the applicable standard has reverted to the 2020 rule after the Biden administration’s 2024 Final Rule was struck down and the current administration rescinded the Biden-era guidance.
The Current Standard (2020 Rule)
Under the 2020 rule, sexual harassment for Title IX purposes includes three categories: quid pro quo harassment by a school employee, sexual assault, dating violence, domestic violence, and stalking as defined by federal law, and unwelcome conduct that is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to educational opportunities.
The Key Threshold
For the third category, all three elements must be met: the conduct must be severe AND pervasive AND objectively offensive. This is a higher bar than what the Biden administration had proposed, which used “severe OR pervasive” language. The distinction matters enormously in borderline cases.
Free Speech Considerations
The 2020 rule explicitly acknowledges that free speech and academic freedom must be balanced against Title IX protections. The Department of Education has stated that students, teachers, and faculty should enjoy free speech protections, even when speech or expression is offensive.
If You Are Accused
A Title IX accusation can result in suspension, expulsion, loss of scholarships, and permanent damage to your future. You have the right to an advisor of your choice, including an attorney. Contact a defense attorney experienced in sexual misconduct allegations immediately.
Related Practice Areas
Sex Offenses Defense | SafeSport Defense | The Chetson Firm
This post is for informational purposes only and does not constitute legal advice. Contact The Chetson Firm at (919) 352-9411 for a confidential consultation.