New Mexico State University students will not lose discrimination protections because of a recent federal Title IX rule change, according to the university's Title IX coordinator.

Aisha Gutierrez, who oversees Title IX compliance at NMSU's Office of Institutional Equity (OIE), said the university had already built the 2020 federal regulations into its own policies before the U.S. Department of Education's latest action. She does not expect NMSU to need new policies or make major changes to how it handles investigations, the NMSU Roundup reported.

"The most recent change does not immediately impact how OIE receives or reviews or addresses Title IX reports," Gutierrez said in written responses to the Roundup.

What changed at the federal level

A final rule published Sept. 29 formally repealed the Department of Education's 2024 Title IX regulations and restored the 2020 regulatory text. The 2024 rule had extended Title IX protections to cover discrimination based on sexual orientation and gender identity. Courts struck it down, and the department announced in January 2025 that it would enforce the earlier 2020 version instead.

The Sept. 29 action put the written Code of Federal Regulations in line with what the department was already doing. According to a Nixon Peabody analysis, the practical impact for most colleges and universities is limited because institutions should have been following the 2020 regulations since January 2025.

Why NMSU says protections remain

Gender identity and sexual orientation protections at NMSU rest on two foundations beyond federal Title IX rules: the university's own nondiscrimination policy and the New Mexico Human Rights Act.

NMSU's Administrative Rules and Procedures 3.25 lists gender identity and sexual orientation among its protected categories. The policy, last updated Jan. 12, 2026, prohibits discrimination "in its programs and activities as required by federal and state equal opportunity regulations and laws, and NMSU policy and rules."

"Gender identity remains a protected category under both," Gutierrez told the Roundup, referring to university policy and state law.

Asked whether the federal changes could affect transgender students in housing, restrooms, locker rooms or athletics, Gutierrez said they do not remove the protections provided by state law and university policy. She said federal Title IX requirements, state law and university policy all factor into OIE's review of reports, and the office determines which laws and policies apply based on the conduct reported.

What students should know

Students at NMSU and Doña Ana Community College can still bring reports to OIE even if they are unsure whether their experience falls under Title IX, Gutierrez said. That includes sexual harassment, sexual assault, sex discrimination, dating and domestic violence, stalking and retaliation.

At the time of her responses, Gutierrez said OIE had not received questions from students or employees about the federal changes. She said students do not need to be ready to file a formal complaint before contacting the office.

Students can reach OIE at 575-646-3635 or through the office's online incident reporting form.