The proposal is expected to lead to new legal battles over the rights of transgender students in schools.
The Biden administration proposed a dramatic overhaul of campus sexual assault rules on Thursday, acting to expand protections for LGBTQ students, bolster the rights of victims and widen colleges’ responsibilities in addressing sexual misconduct. The proposal, announced on the 50th anniversary of the Title IX women’s rights law, is intended to replace a set of controversial rules issued during the Trump administration by Education Secretary Betsy DeVos. President Joe Biden’s education secretary, Miguel Cardona, said Title IX has been “instrumental” in fighting sexual assault and violence in education.
“As we celebrate the 50th anniversary of this landmark law, our proposed changes will allow us to continue that progress and ensure all our nation’s students — no matter where they live, who they are, or whom they love — can learn, grow, and thrive in school,” he said. The proposal is almost certain to be challenged by conservatives, and it is expected to lead to new legal battles over the rights of transgender students in schools, especially in sports. It now faces a public feedback period before the Biden administration can finalize any changes, meaning the earliest that the policy is likely to take effect is next year. The step meets a demand from victims rights advocates who wanted Biden to release new rules no later than the anniversary of Title IX, which outlaws discrimination based on sex in schools and colleges. Advocates say DeVos’ rules have gone too far in protecting students accused of sexual misconduct, at the expense of victims. As a presidential candidate, Biden had promised a quick end to DeVos’ rules, saying they would “shame and silence survivors.”
In announcing its proposal, Biden’s Education Department said DeVos’ rules “weakened protections for survivors of sexual assault and diminished the promise of an education free from discrimination.”
For the first time, the rules would formally protect LGBTQ students under Title IX. Nothing in the 1972 law explicitly addresses the topic, but the new proposal would clarify that the law applies to discrimination based on sexual orientation and gender identity. It would make clear that “preventing someone from participating in school programs and activities consistent with their gender identity would cause harm in violation of Title IX,” according to the department.
