Title IX Administrators Strategize On “Protracted Conflict” Regarding Transgender Policies, Rules for Bathrooms

June 16, 2025

Top Takeaways

• Emails obtained through public records requests shed light on how Title IX administrators across the country scrambled to respond to President Trump’s January 2025 executive order affirming that the government would only recognize the two sexes.  
• Throughout a series of emails to a listserv operated by the Association of Title IX Administrators (ATIXA), Title IX administrators and consultants strategized about how to react to the executive order.
• In an email to the listserv, one anonymous school administrator from a private college commented that their office was working “to rewrite our policy to be the most inclusive with what we have been handed,” in response to the executive order.
  • The administrator further asked, “do we (institutions receiving federal funding) now have to adopt the definition of sex to be the one stated in the executive order?”
  • The administrator questioned whether they were “allowed to still cover sex characteristics, sex stereotypes, [and] etc.”
  • The administrator raised whether Trump’s order, or future ones, could impact rules on single sex bathrooms.
• In a follow up email titled “re: implications of EO,” ATIXA President Brett Sokolow characterized the EO as “another salvo in a protracted conflict.” 

Background

In January 2025, President Trump Signed An Executive Order Proclaiming That The U.S. Government Will Recognize Only Two Sexes, Male And Female. “President Donald Trump on Monday signed executive orders proclaiming that the U.S. government will recognize only two sexes, male and female, and ending ‘radical and wasteful’ diversity, equity and inclusion programs inside federal agencies. In a phone call Monday morning before Trump’s swearing-in, senior White House officials detailed both orders, grouping them under the Trump administration’s wider ‘restoring sanity’ agenda. The gender order states that it will ‘defend women’s rights and protect freedom of conscience by using clear and accurate language and policies that recognize women are biologically female, and men are biologically male.’” (Daniel Arkin, Yamiche Alcindor, Matt Lavietes, “Trump Signs Executive Orders Proclaiming There Are Only Two Biological Sexes, Halting Diversity Programs,” NBC News, 1/20/25)

Emails Between Administrators And Members Of The Association Of Title IX Administrators (ATIXA) Were Uncovered Through Public Records Requests Which Detail An Array Of Responses To The Order. (Western Carolina University FOIA Request, 3/27/25)

• ATIXA Supports “Title IX Coordinators, Investigators, And Administrators” In An Effort To “Advance Gender Equity In Schools And Colleges.” (“About,” ATIXA, Accessed 5/27/25)

• ATIXA Claims To Have More Than 13,000 Active Members From A Variety Of Educational Institutions. (“About,” ATIXA, Accessed 5/27/25)

On January 20, 2025, ATIXA’s President Brett Sokolow Sent A Message To Title IX Administrators Alerting Them To Trump’s Order. (Brett Sokolow, Email To ATIXA Listserv, 1/20/25, Western Carolina University FOIA Request, 3/27/25, P. 174)

Title IX Administrator Discusses Strategy On How To “Be The Most Inclusive With What We Have Been Handed,” Including On Bathrooms

Asking About The “Implications” Of The Executive Order, An Anonymous Poster From A Private College Commented That Their Office Was Working “To Rewrite Our Policy To Be The Most Inclusive With What We Have Been Handed.” (Anonymous Post, Email To ATIXA Listserv, 1/21/25, Western Carolina University FOIA Request, 3/27/25, P. 185)

• They Asked “Do We (Institutions Receiving Federal Funding) Now Have To Adopt The Definition Of Sex To Be The One Stated In The Executive Order?” (Anonymous Post, Email To ATIXA Listserv, 1/21/25, Western Carolina University FOIA Request, 3/27/25, P. 185)
• They Further Questioned Whether They Were “Allowed To Still Cover Sex Characteristics, Sex Stereotypes, Etc.” (Anonymous Post, Email To ATIXA Listserv, 1/21/25, Western Carolina University FOIA Request, 3/27/25, P. 185)
• The Poster Also Wondered Whether The Trump Administration’s Orders, Or Future Ones, Could Impact Rules On Single Sex Bathrooms. (Anonymous Post, Email To ATIXA Listserv, 1/21/25, Western Carolina University FOIA Request, 3/27/25, P. 185)

ATIXA President Called The EO “Another Salvo In A Protracted Conflict”

ATIXA President Brett Sokolow Wrote, “We Are Seeing Another Salvo In A Protracted Conflict. Don’t Think Of This EO As An End Of The Controversy, But As Another Chapter In It.” (Anonymous Post, Email To ATIXA Listserv, 1/21/25, Western Carolina University FOIA Request, 3/27/25, P. 151)