Biden expands Title IX rules to protect trans students and victims of sexual harassment

The Biden administration on Friday released rules protecting the rights of LGBTQ students and change the way Schools can respond to sexual harassment allegations.

LGBTQ students’ rights will be protected by federal law and victims of sexual assault in schools, libraries and museums that receive funding from the Department of Education and will get new safeguards, under rules finalized Friday by the Biden administration, Education Secretary Miguel Carmona announced in a news release.

The new provisions are part of a revised Title IX regulation issued by the Department of Education, fulfilling a campaign promise from President Joe Biden.

What is Title IX

The U.S. Department of Education’s Office for Civil Rights (OCR) enforces, among other statutes, Title IX of the Education Amendments of 1972.

Title IX protects people from discrimination based on sex in educational programs or activities that receive federal financial assistance.

President Biden had promised to dismantle rules created by former Education Secretary Betsy DeVos, who added new protections for students accused of sexual misconduct.

However, in Biden’s new policy Noticeably absent is any mention of transgender athletes..

According to the new rules, in-person procedures are no longer required, similar to those of the courts, for accusations of sexual assault, including cross-examination of alleged victims.

This rolls back Trump administration protections for accused students which victim advocates said re-traumatized survivors and discouraged reporting.

Schools will now have the flexibility to question witnesses in live hearings or in separate meetings. If a school chooses to hold a live hearing, alleged victims have the right to attend remotely.

The definition of sexual harassment was expanded

The Biden administration also expanded the definition of what is considered sexual harassment, so more cases could be classified as serious enough to require a school investigation. That reverses Trump-era regulations that had reduced harassment to what is “objectively offensive.”

“Our nation’s educational institutions should be places where we not only accept differences, but celebrate them. “Places that eradicate hate and promote inclusion, not only because it is the right thing to do, but because our systems and institutions are richer for it,” said the Secretary of Education, Miguel Cardonain a call with reporters on Thursday.

Perhaps the most controversial thing is that The new rules also officially expand the interpretation of Title IX to cover pregnant, gay, and transgender students.

“Title IX requires more, and these final regulations provide it,” said Catherine Lhamon, assistant secretary for civil rights at the Department of Education, who also served in the same position in the Obama administration.

The changes of the Biden administration avoid the controversial question of whether schools can ban transgender athletes compete in women’s teams.

Officials proposed a separate rule on that issue, which they say is still in the works, but did not offer a timeline.

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