Recent directives from the U.S. Department of Education, in collaboration with the Department of Government Efficiency (DOGE), have signaled a significant shift in federal education policy. According to Politico, these directives require state education departments to eliminate diversity, equity, and inclusion (DEI) programs or risk losing federal funding. This move follows a recent Supreme Court ruling that prohibits race-based considerations in college admissions, reinforcing the idea that public institutions must ensure race-neutral policies.

While much of the conversation has focused on the impact of these changes on school funding and racial diversity initiatives, there are broader implications—particularly in the areas of Title IX sexual harassment policies and school discipline. This article explores how the removal of DEI programs may influence institutional responses to sexual misconduct under Title IX and how discipline policies in K-12 schools and higher education may be affected.

For more details on the original report, you can read CNN’s full coverage here.

Title IX and the Role of DEI in Sexual Harassment Policies

Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in federally funded educational institutions. Over the years, its interpretation has evolved, particularly regarding how schools handle sexual harassment and assault allegations.

1. DEI’s Role in Title IX Compliance

Many institutions have integrated DEI principles into their Title IX policies to promote fair investigations, support marginalized groups, and ensure comprehensive training for faculty and staff. Some of the ways DEI has shaped Title IX implementation include:

• Trauma-Informed Investigation Practices – DEI programs have encouraged schools to adopt trauma-informed approaches to Title IX investigations, ensuring that complainants are treated with sensitivity.

• Inclusive Reporting Mechanisms – Schools have worked to make Title IX offices accessible to students from diverse backgrounds, including LGBTQ+ students and students of color, who may face unique barriers in reporting misconduct.

• Bias Awareness Training – Many Title IX investigators receive DEI-based training to recognize implicit biases that may affect how they assess credibility and evidence in sexual misconduct cases.

2. Potential Effects of DEI Policy Changes on Title IX Enforcement

If DEI programs are removed or significantly reduced due to new federal funding conditions, institutions may face challenges in maintaining the same level of support and training within Title IX offices. Some potential effects include:

• Changes to Investigative Approaches – Without DEI-driven training, Title IX staff may revert to traditional investigation models that lack a trauma-informed approach, potentially discouraging complainants from coming forward.

• Reduction in Outreach and Support Services – Many schools use DEI-based funding to provide counseling and legal assistance to survivors of sexual misconduct. Losing this funding could result in fewer resources for students.

• Impact on LGBTQ+ Protections – DEI programs often support Title IX initiatives that protect LGBTQ+ students from gender-based harassment. If these programs are dismantled, schools may struggle to address complaints from these groups effectively.

While Title IX itself remains in effect, the removal of DEI programs could lead to procedural changes that affect how schools handle cases, train staff, and support students who experience sexual harassment or assault.

School Discipline Policies and the Role of DEI

School discipline is another area where DEI programs have played a role in shaping policy. Over the past decade, concerns about racial disparities in student discipline have led to the implementation of equity-based reforms. These efforts have sought to reduce disproportionate suspensions and expulsions while promoting alternative disciplinary measures.

1. How DEI Has Influenced School Discipline Policies

Many school districts have used DEI principles to reform discipline policies in the following ways:

• Restorative Justice Programs – Some schools have implemented restorative justice models, which focus on mediation and conflict resolution rather than punitive measures.

• Disproportionality Reviews – Schools have analyzed discipline data to identify racial disparities in suspensions and expulsions, using DEI funding to train staff on bias reduction strategies.

• Culturally Responsive Discipline Practices – Many educators have received DEI-based training to ensure disciplinary actions are applied fairly across different student demographics.

2. Potential Effects of DEI Policy Changes on School Discipline

If federal funding restrictions lead to the elimination of DEI-based discipline initiatives, schools may see shifts in how disciplinary policies are enforced. Potential effects include:

• Increased Suspensions and Expulsions for Marginalized Students – Studies have shown that Black and Latino students, as well as students with disabilities, have historically faced harsher disciplinary measures. Without DEI-driven oversight, disparities could persist or worsen.

• Reversion to Zero-Tolerance Policies – Some schools might return to zero-tolerance discipline policies, which have been criticized for disproportionately affecting minority students and leading to higher dropout rates.

• Reduced Restorative Justice Efforts – If funding for alternative discipline programs is cut, schools may have fewer options for addressing behavioral issues in a way that prioritizes rehabilitation over punishment.

• Potential Legal Challenges – If schools revert to discipline policies that disproportionately impact students based on race, they could face legal challenges under Title VI of the Civil Rights Act, which prohibits discrimination in federally funded programs.

Ultimately, schools may need to balance compliance with new federal funding conditions while ensuring that disciplinary policies remain fair and legally sound.

Navigating the Changing Landscape: What Schools Can Do

As educational institutions adjust to the evolving federal policy landscape, they must find ways to continue addressing sexual harassment and disciplinary fairness without violating funding conditions. Some potential strategies include:

1. Focusing on Compliance with Title IX and Title VI

Schools can continue supporting students by ensuring that Title IX sexual harassment policies and Title VI non-discrimination policies remain strong, even if DEI programs are phased out. This includes:

• Maintaining transparent and accessible reporting processes for sexual harassment complaints.

• Ensuring disciplinary policies do not create disparate impacts based on race or gender.

• Training Title IX coordinators and school administrators in compliance strategies that do not rely on race-based funding.

2. Expanding Socioeconomic-Based Programs

If race-conscious DEI programs are restricted, schools might explore alternative models that focus on socioeconomic status rather than race or gender. Programs designed to support low-income students and first-generation college students could still promote equity without running afoul of new federal funding conditions.

3. Strengthening Alternative Discipline Approaches

Schools may need to continue exploring restorative justice and behavioral intervention models without relying on DEI-specific funding. Some potential ways to achieve this include:

• Partnering with community organizations to provide mediation and conflict resolution training.

• Implementing teacher training on behavioral management without explicitly linking it to DEI initiatives.

• Using data-driven reviews to monitor discipline outcomes without race-specific mandates.

Looking Ahead: The Future of Education Policy

The new federal directives on DEI programs mark a significant shift in education policy, particularly in how schools approach Title IX sexual harassment cases and school discipline. While these policies are designed to ensure compliance with constitutional principles and Supreme Court rulings, they also present challenges for schools seeking to maintain inclusive, fair, and effective systems for handling misconduct and discipline.

As legal debates continue, institutions will need to adapt by finding alternative ways to support student safety, equity, and compliance while navigating the complexities of federal funding requirements.

Conclusion

The elimination of DEI programs could have far-reaching consequences for Title IX sexual harassment policies and school discipline practices. While federal law still requires schools to address sex discrimination and racial disparities, the tools available for achieving these goals may change. Schools, policymakers, and legal experts will need to carefully assess how to maintain fairness and compliance in this evolving landscape.

For more details on the original report, you can read CNN’s full coverage here.

Disclaimer: This article is for informational purposes only and does not constitute legal advice.