Texas A&M University System Timeline: Title IX Rules

The facts are that the A&M System was the first to announce publicly that it will
not implement the new federal Title IX rules. A&M did so even before the
Governor directed universities not to move forward. In addition, Texas A&M
submitted an affidavit in support of Attorney General Paxton’s lawsuit against the
rules. Texas Scorecard knew their story about A&M was wrong and refused to
correct it resulting in inaccurate information in the media and on social media. All
of this is documented:

May 7, 2024 – A&M System directed A&M System leadership, including all
Presidents, to stand down on any movement on the Biden Title IX rules.

May 7, 2024 – Story published in the Bryan College Station Eagle regarding A&M
System’s decision not to implement Biden’s new Title IX rules until lawsuit ruling.
(A&M System won’t implement Biden’s New Title IX rules until Paxton lawsuit
receives ruling)

May 8, 2024 – Governor Abbott issues a letter directing Texas universities to

ignore President Biden’s Title IX rewrite.

May 13, 2024 – A&M System provided an affidavit in support of AG lawsuit against
the rules to Paxton. (The AG put out an amended complaint the following day
which included our declaration on page 74.)

May 14, 2024 – In a public statement, the A&M System reiterated its decision not
to implement the new Title IX rules in response to misinformation that was
published in a related story. (Scorecard was asked to correct their story, and they
have not done so.)
May 7, 2024

Sent on behalf of Ray Bonilla, General Counsel for The Texas A&M University System.

********************************************

As you know, the U.S. Department of Education recently issued new Title IX regulations to be
effective August 1, 2024. The new regulations are extensive, and OGC and the System Ethics and
Compliance Office are reviewing them carefully. The System will continue to comply with the
current regulations, which took effect in 2020.

As you also know, Attorney General Paxton has filed a lawsuit challenging the new regulations in
various respects. OGC will confer with the Office of the Attorney General regarding its lawsuit
and we are also monitoring the challenges of other Attorneys General from other states, to
evaluate our course of action going forward. We anticipate rulings from one or more federal
courts in the very near future.

In the meantime, please be advised that the A&M System will not take any action to implement
the new federal regulations. We will keep you updated as this process moves forward.

Please contact me with any questions.

Glenda K. Rogers | Assistant to the General Counsel

Office of General Counsel
gkr@tamus.edu

1230 TAMU | College Station, TX 77843-1230

Tel. 979.458.6128 | Fax 979.458.6150 | www.tamus.edu

Moore / Connally Bldg., 6th Floor

301 Tarrow
College Station, Texas 77840-7896

THE TEXAS A&M UNIVERSITY SYSTEM

From the Bryan College Station Eagle

A&M System won’t implement Biden’s New Title IX rules

until Paxton lawsuit receives ruling

By Alex Miller

May 7, 2024

The Texas A&M University System will not implement the Biden
Administration’s new Title IX regulations until a lawsuit filed by Texas
Attorney General Ken Paxton receives a ruling, according to a memo
from A&M’s Office of General Counsel on Tuesday that was shared
with The Eagle.

The U.S. Department of Education released new Title IX regulations

on April 19 that protects all students and employees, including
LGBTQ+ students, from sex-based harassment and discrimination at
any educational program or institution that receives federal funds,
including K-12 schools, colleges and universities. These new
regulations are effective Aug. 1.

A&M officials said in the memo that the new Title IX regulations are
extensive and noted the OCG and System Ethics and Compliance
Office are reviewing them carefully. Until a ruling on Paxton’s lawsuit
is received, A&M officials said the System will continue to comply with
current regulations that took effect in 2020.

“OGC will confer with the Office of the Attorney General regarding its
lawsuit and we are also monitoring the challenges of other Attorneys
General from other states, to evaluate our course of action going
forward,” the memo states. “We anticipate rulings from one or more
federal courts in the very near future.”
Title IX is a federal civil rights law that is part of the Education
Amendments of 1972 and protects people from sex-based
discrimination in education programs or activities that receive federal
funding. Education Department officials said these new regulations
would promote accountability and fairness, as well as empower and
support students and families who exercise their Title IX rights.

“For more than 50 years, Title IX has promised an equal opportunity

to learn and thrive in our nation’s schools free from sex
discrimination,” U.S. Secretary of Education Miguel Cardona said in a
statement. “These final regulations build on the legacy of Title IX by
clarifying that all our nation’s students can access schools that are
safe, welcoming, and respect their rights.”

Paxton’s office announced April 29 that the Texas Attorney General

had sued the Biden Administration for unlawfully using Title IX to
mandate “radical gender ideology” that he believes violates the
Constitution and puts women in education institutions at risk.

“Texas will not allow Joe Biden to rewrite Title IX at whim, destroying
legal protections for women in furtherance of his radical obsession
with gender ideology,” Paxton said in a statement. “This attempt to
subvert federal law is plainly illegal, undemocratic, and divorced from
reality. Texas will always take the lead to oppose Biden’s extremist,
destructive policies that put women at risk.”

The same day Paxton filed his lawsuit, Gov. Greg Abbott ordered the
Texas Education Agency to ignore the new regulations handed down
from the Biden Administration. In a letter from Abbott to Biden
shared on the Governor’s social media, he called the regulations an
“illegal dictate.”
“Congress wrote Title IX to protect women,” Abbott wrote in a post on
X with a photo of his letter to Biden attached. “Biden, with no
authority to do so, rewrote Title IX to protect men who identify as
women. This tramples Texas laws that prohibit men in women’s
sports.”
 G OVERNOR G REG ABBOTT

May 8, 2024

Dear Chairman and Regents:

As I have already made clear, Texas will not comply with President Joe Biden’s rewrite of Title IX
that contradicts the original purpose and spirit of the law to support the advancement of women. Last
week, I instructed the Texas Education Agency to ignore President Biden’s illegal dictate of Title IX.
Today, I am instructing every public college and university in the State of Texas to do the same.
The law passed by Congress was based on the fundamental premise that there are only two sexes—
male and female. President Biden wants to force every school across the country to treat boys and
men as if they were girls and women and to accept every student’s self-declared gender identity,
exceeding his authority as President in order to impose a leftist belief on the next generation.
I signed laws to ensure the safety of our students on campus and provide a process for adjudicating
reports of sexual harassment and sexual assault with adequate due process for all parties involved, as
well as laws to protect the integrity of women’s sports by prohibiting men from competing against
female athletes—and I will not let President Biden erase the advancements Texas has made. Texas
will stand up not only to President Biden’s rewrite of Title IX, but also his plans to destroy the legacy
of women’s collegiate sports.
Texas will fight to protect those laws, to protect Texas women, and to deny the President’s abuse of
authority.
Sincerely,

Greg Abbott
Governor

GA:red

POST OFFICE BOX 12428 AUSTIN, TEXAS 78711 512-463-2000 (VOICE) DIAL 7-1-1 FOR RELAY SERVICES
Exhibit D
Exhibit D
Texas A&M System Reiterates New Title IX Rules on Hold

May 14, 2024

Texas A&M System Reiterates New Title IX Rules on Hold

BRYAN-COLLEGE STATION, Texas — The Texas A&M University System ordered all
university presidents not to implement new Title IX rules on May 7, the day before the
Governor’s instructions.
We will take our direction from state officials on this issue and all others.

About The Texas A&M University System

The Texas A&M University System is one of the largest systems of higher education in the nation,
with a budget of $7.3 billion. Through a statewide network of 11 universities, a comprehensive
health science center, eight state agencies, and the Texas A&M-RELLIS campus, the Texas A&M
System educates more than 157,000 students and makes more than 21 million additional
educational contacts through service and outreach programs each year. System-wide, research and
development expenditures exceed $1 billion and help drive the state’s economy.

Contact: Laylan Copelin

Vice Chancellor of Marketing and Communications
(979) 458-6425
(512) 289-2782 cell
lcopelin@tamus.edu

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