Just in time for back to school, Title IX Coordinators have one more item to add to their “to-do” list: updating their Title IX policies to reflect required definitions of certain sex offenses. Luckily, this is a relatively quick fix that may even slightly simplify your Title IX policies.

On August 7, 2025, President Trump issued a presidential memorandum titled “Ensuring Transparency in Higher Education Admissions” along with a related fact sheet. According to the memorandum, the Supreme Court has “definitively held that consideration of race in higher education admissions violates students rights” but a “persistent lack of available data” combined with “overt and hidden racial proxies” caused further “concerns about whether race is actually used in process.” The memorandum indicated that the government has not been able to collect sufficient data to “expos[e] unlawful practices[,]” and directed the Secretary of Education to makes changes to the federal collection and publication of admissions data for U.S. institutions of higher education.