The Biden administration has finalized new rules that will protect the rights of LGBTQ+ students and enhance safeguards for victims of campus sexual assault. These rules, part of a revised Title IX regulation issued by the Education Department, fulfill a campaign promise made by President Joe Biden to dismantle rules put in place by former Education Secretary Betsy DeVos.
One notable absence in Biden’s policy is any mention of transgender athletes. The administration had initially planned to include a provision preventing schools from banning transgender athletes, but this was put on hold, likely due to political considerations during an election year.
The new rules aim to clarify schools’ obligations under Title IX, ensuring that everyone can access safe and welcoming educational environments. One significant change is the recognition that Title IX protects LGBTQ+ students, a move that has sparked controversy among Republicans who argue that such protections were not intended by Congress.
The updated rules also expand the definition of sexual harassment and grant more protections to students who bring accusations. While colleges will no longer be required to hold live hearings for cross-examination, they can still choose to do so with new limitations in place.
Victims’ advocates have praised the changes, emphasizing the importance of making schools safer and more accessible for all students. Despite the focus on safeguarding victims, the new rules also preserve certain protections for accused students, ensuring a fair and equitable process for all parties involved.
Overall, the latest overhaul of Title IX regulations continues a long-standing political battle surrounding campus sexual misconduct, with administrations repeatedly revising the rules to address the complex issues at hand.