In April, the Biden Administration released new Title IX regulations set to take effect for the 2024-2025 school year. Title IX is a federal civil rights statute that ensures gender equality in educational settings receiving federal funding. Since 1974, the U.S. Department of Education has enforced Title IX regulations requiring prompt and equitable grievance proceedings to address sex discrimination complaints, including sexual harassment and violence. Previous guidance issued under President Obama in 2011 and 2014 addressed campus sexual assaults more specifically, but this approach changed in 2017 when the Trump administration rescinded existing guidance and amended the regulations in 2020.
The Trump-era Title IX regulations were criticized for being overly prescriptive, favoring those accused of misconduct over victims. These regulations raised standards for issuing interim suspensions, finding sexual harassment charges, and required live cross-examinations during certain hearings. Additionally, they removed the promptness requirement, deterred students from making complaints, and enabled institutions to prolong proceedings to deter students further. Advocates were frustrated with the delay in releasing the Biden-era regulations, which now aim to balance due process for the accused with eradicating discrimination, harassment, and violence in education. Legal challenges to the new regulations, particularly those protecting LGBTQ students, are underway.
The new Title IX regulations aim to undo damage caused by the Trump-era rules by allowing former students and employees to file complaints when the accused is still at the educational institution, endorsing the “preponderance of evidence” standard for adjudications, requiring institutions to issue sanctions and remedies to address hostile environments, and clarifying that retaliation is prohibited under Title IX. While the regulations may not resolve ongoing legal battles, they aim to provide better victim protections and eliminate abuse. The future enforcement of the regulations by the OCR will be crucial in ensuring gender equality in federally funded educational settings.
Students, parents, and educators have pressed for better Title IX regulations to protect students and address discrimination, harassment, and violence in education. The outcome of legal challenges to the new regulations, particularly those protecting LGBTQ students, will shape the ongoing debate over gender identity and LGBTQ rights in schools. While the new regulations may not resolve all issues, they aim to provide a better balance between due process for the accused and protections for victims. Advocates and survivors of campus sexual misconduct are hopeful that the new regulations will help create safer learning environments and equal access to education for all students.
