The Biden administration is set to announce changes to Title IX regulations that expand protections for LGBTQ+ and pregnant students, as well as overhauling controversial guidance from the Trump administration on how schools should handle sexual assault cases. Education Secretary Miguel Cardona emphasized the importance of creating inclusive educational environments that celebrate differences and promote inclusion. The final rule, scheduled to take effect on August 1, requires schools to protect students from all forms of sex discrimination, including sexual violence, harassment, and discrimination based on pregnancy or gender identity. The new regulations also aim to prevent retaliation against individuals who report sex discrimination.
The new Title IX regulations will formalize protections for transgender students by prohibiting discrimination based on sexual orientation, gender identity, and sex characteristics in federally funded education programs. The rules will also reverse guidance from the Trump administration that narrowly defined sexual harassment and investigation requirements, which critics argued could discourage victims from reporting incidents of assault and harassment. The new rule prohibits all forms of sex-based harassment, including creating a hostile environment that limits an individual’s ability to participate in or benefit from an educational program or activity.
Under the Trump-era changes, colleges and universities were required to hold live hearings with cross-examinations of both parties involved in Title IX investigations. However, under the new rules, investigators and decision-makers will have the flexibility to assess parties’ credibility in a live hearing or individual meeting without cross-examination. While some changes to Title IX implemented under Trump will be retained, such as prohibiting schools from imposing disciplinary measures before determining responsibility under Title IX, other controversial provisions will be reversed.
The Trump administration’s Title IX changes had faced backlash from victim advocacy groups who argued that the regulations would deter survivors from reporting incidents of assault and harassment. The Biden administration’s revisions aim to restore protections for students and employees who report sex discrimination by providing a more inclusive and supportive framework for addressing instances of discrimination and harassment on college campuses. By expanding protections for LGBTQ+ and pregnant students, as well as strengthening safeguards for transgender individuals, the new rules seek to create a more equitable environment for all students within federally funded educational institutions.
In conclusion, the Biden administration’s revisions to Title IX regulations represent a significant shift towards creating a more inclusive and supportive environment for students and employees who report incidents of sex discrimination, harassment, and violence. By expanding protections for marginalized groups such as LGBTQ+ and pregnant individuals, while also addressing concerns raised by victim advocacy organizations over the potential chilling effect of the Trump-era guidelines, the new rules aim to strike a balance between due process rights and safeguarding the rights of survivors. The changes to Title IX regulations will take effect on August 1, with the goal of promoting inclusion and celebrating diversity within the nation’s educational institutions.
