The Biden administration recently finalized revised Title IX regulations, marking a victory for powerful teachers unions, the American Federation of Teachers, and the National Education Association, who had heavily advocated for the regulations to be implemented. These regulations aim to strengthen protections against sex-based harassment and discrimination based on gender identity. The new rules dismantle Trump-era actions that prescribed a strict grievance process, ensuring the accused are treated as innocent until proven guilty. The two unions played a significant role in supporting Democratic campaigns during the 2024 election cycle, providing funding to Democrat-aligned political action committees.
AFT President Randi Weingarten and NEA President Rebecca Pringle both praised the Biden administration’s rules, emphasizing the importance of removing what they saw as dangerous regulations put in place in 2020. Weingarten believes the regulations will help in honestly discussing equal access to education, while Pringle applauded the expansion of Title IX protections to include transgender students. The regulations also touch on issues such as prohibiting the exclusion of students from educational activities based on transgender status, stopping the misgendering of transgender students or teachers, and allowing students to use restrooms and locker rooms that align with their gender identity.
In addition to expanding protections for transgender students under Title IX, the regulations also undo sexual assault due process rules put in place by the Trump administration. Colleges will no longer be required to hold live hearings for cross-examination, instead allowing students to be interviewed separately with the ability to suggest questions and get recordings of responses. The “preponderance of the evidence” standard of proof will be used in evaluating evidence, unless the school decides to use the clear and convincing evidence standard in all other comparable proceedings.
The Department of Education initially proposed the regulations in 2022 but delayed finalizing them in order to review over 240,000 public comments. The Trump-era regulations were finalized by then-Education Secretary Betsy DeVos in May 2020. Civil liberties, students’ rights, and conservative legal groups have urged the Biden administration to maintain the 2020 regulations. Both AFT and NEA have yet to respond to requests for comment on the finalized regulations.
Overall, the finalized Title IX regulations represent a significant shift in policies around sexual harassment and gender-based violence on education campuses. The involvement of powerful teachers unions in advocating for these regulations and supporting Democratic campaigns underscores the impact of these changes on both educational institutions and student safety. The regulations aim to provide clearer protections for transgender students, while also addressing issues related to sexual assault due process rules put in place during the Trump administration. The impact of these regulations and their potential consequences remain to be seen as they are set to go into effect in August.
