The Biden administration is making changes to Title IX that will expand protections for LGBTQ+ and pregnant students, while also overhauling controversial guidance from the Trump era on how schools should handle sexual assault cases. Education Secretary Miguel Cardona emphasized the importance of creating educational institutions that celebrate differences and promote inclusion. The new rule, set to take effect on August 1, will require schools to protect students from all forms of sex discrimination, including sexual violence, harassment, and discrimination based on pregnancy or related conditions. It also explicitly prohibits discrimination based on sexual orientation, gender identity, and sex characteristics in federally funded education programs. Additionally, the rule aims to prevent retaliation against individuals who report sex discrimination.
The new Title IX regulations will reverse guidance under the Trump administration that narrowly defined sexual harassment and investigation requirements. Critics of the Trump-era changes argued that they could discourage victims from reporting sexual assault and harassment on college campuses. Under the previous rules, colleges and universities were required to hold live hearings with cross-examinations of both parties. The new rule will allow investigators or decision-makers to assess parties’ credibility either in a live hearing or during an individual meeting with a party or witness, with questions proposed by each party in place of cross-examination. Despite these changes, a provision from the Trump era remains in place, prohibiting schools from taking disciplinary measures such as suspending students from sports teams while a Title IX investigation is still pending.
The changes to Title IX are aimed at creating a more inclusive and supportive environment for all students, particularly LGBTQ+ individuals and pregnant students, who may face discrimination or harassment. The administration’s focus on protecting these groups of students reflects a commitment to promoting diversity and equality within educational institutions. By broadening the definition of sex discrimination to include pregnancy-related conditions and explicitly stating protections for LGBTQ+ students, the rule seeks to ensure that all students have equal access to education without fear of discrimination.
The Biden administration’s approach to Title IX reflects a commitment to addressing the shortcomings of the previous administration’s policies while also preserving certain provisions that are deemed important for all parties involved in a Title IX investigation. The new rule strikes a balance between protecting the rights of survivors of sexual assault and harassment while also ensuring due process for those accused. By allowing for alternative methods of assessing credibility and maintaining certain provisions from the Trump era, the administration aims to create a fair and equitable process for all parties involved in Title IX investigations.
Overall, the changes to Title IX announced by the Biden administration represent a significant shift in how schools are required to address issues related to sex discrimination, sexual violence, and harassment. By expanding protections for LGBTQ+ and pregnant students, as well as prohibiting discrimination based on sexual orientation and gender identity, the new rule seeks to create a more inclusive and welcoming environment for all students. Additionally, the revisions to the investigation process aim to strike a balance between protecting survivors of sexual assault and harassment while also ensuring due process for those accused. The administration’s commitment to upholding the principles of Title IX and promoting diversity and inclusion in educational institutions is evident in these changes to the regulations.
