Redefining the Line of Title IX: Reminder About Change to Sexual Assault Definition

In August 2025, the definition of what constitutes sexual assault under the National Incident-Based Reporting System (NIBRS) expanded, and as a result impacted the way Title IX Coordinators must evaluate certain incidents for Title IX applicability.  NIBRS removed the category of “fondling,” and replaced it with a more broadly defined category of conduct now termed “criminal sexual contact.” What may have appeared to just be a technical adjustment for purposes of law enforcement reporting is in fact a significant practical change for schools’ Title IX compliance.

The Title IX Regulations define “Sexual Harassment” to include “Sexual Assault” as defined by the Clery Act. The Clery Act in turn incorporates the FBI offense categories from the NIBRS. This means that the FBI’s update causes a change to the conduct which may fall under Title IX Sexual Harassment. 

Previously “fondling” was one of the recognized sexual assault categories under Title IX. With the 2025 update, the term is gone. Now, “criminal sexual contact” is the operative category, and its new definition is broader and more nuanced than the old one. 

Criminal sexual contact is defined as: 

• The intentional touching of the clothed or unclothed body parts without consent of the victim for the purpose of sexual degradation, sexual gratification, or sexual humiliation; or
• The forced touching by the victim of the actor’s clothed or unclothed body parts, without consent of the victim for the same purposes. 
• This offense includes instances where the victim is incapable of giving consent because of age or incapacity due to temporary or permanent mental or physical impairment or intoxication.

Comparing this to the old definition of fondling, which was limited to touching private body parts for sexual gratification, conduct constituting “criminal sexual contact” is much broader. The new definition expands the scope beyond private body parts to any intentional touching, adds purposes beyond sexual gratification with the inclusion of sexual degradation and humiliation, and includes compelled touching. Therefore, conduct that previously may have fallen outside of Title IX will now qualify within the definition of Title IX sexual assault. As a result, it is critical that Title IX personnel – as well as all school disciplinarians – are trained on this new definition to ensure that a school’s Title IX policy is applied to conduct that falls under this new expanded definition.  

Join our Title IX team for a webinar addressing this topic and others that are top of mind for school administrators on January 7 at 11 AM CT. Register here.

As always, our Franczek Title IX team is ready to support schools with their Title IX needs. We offer training packages with in-person, live online, and on-demand options, as well as training that can be tailored to your school’s specific needs. Please reach out to any member of our Title IX team or email TitleIX@franczek.com for more information.