The Biden administration has finalized new rules under Title IX to protect the rights of LGBTQ+ students and enhance safeguards for victims of campus sexual assault. These regulations fulfill a campaign promise by President Joe Biden to dismantle rules implemented by former Education Secretary Betsy DeVos, which provided additional protections for students accused of sexual misconduct.
One notable absence in Biden's policy is the mention of transgender athletes. The administration had initially planned to include a policy prohibiting schools from imposing outright bans on transgender athletes but decided to delay this provision, likely due to political considerations during an election year.
The updated regulations aim to clarify schools' obligations under Title IX, a law that prohibits sex-based discrimination in education. The new rules explicitly state that Title IX protects LGBTQ+ students, a point of contention with Republicans who argue that such protections were not intended by Congress.
Key changes in the regulations include a broader definition of sexual harassment, requiring schools to address any unwelcome sex-based conduct that significantly impacts a student's access to education. The rules also grant more protections to students who report accusations of sexual misconduct.
Under the new regulations, colleges are no longer mandated to conduct live hearings for cross-examination in cases of sexual misconduct. Instead, schools have the option to hold live hearings with new limitations, such as allowing remote participation and prohibiting unclear or harassing questions.
The revisions have been welcomed by victims' advocates who see them as making schools safer and more accessible for survivors of sexual violence. The regulations also maintain certain protections for accused students, ensuring equal access to present evidence, witnesses, and an appeals process.
This latest overhaul of Title IX regulations continues a cycle of political changes in response to campus sexual misconduct, with administrations revising rules to address concerns from various stakeholders.
