Students and school staff across the country will be affected in the fall by new changes in rules that affect all federally funded schools.
In reality, this is a fundamental update to how schools must deal with cases of sex discrimination and sexual abuse. Politically, it is part of a power struggle between the Trump and Biden administrations.
what's new? The Biden administration this week announced new rules that overhaul the Trump administration's Title IX rules and give alleged perpetrators of sexual assault and harassment more rights. The new rules also provide additional protections for LGBTQ+ students, parenting students, and pregnant students.
What is Title IX? Title IX is a civil rights law that prohibits sex discrimination against students, employees, and others in public schools, colleges, and universities that receive federal funding.
What were some of the old rules? In the case of sexual assault, it stipulated that schools must only investigate allegations that meet certain criteria for sex discrimination and are made through a formal reporting process. It also raised the bar for proof of sexual misconduct on college campuses. They prohibited investigations into incidents that occurred off campus.
Why is change important? Critics say Trump-era rules shielded people accused of sexual harassment, assault and discrimination from repercussions.supporter fought This rule naturally strengthened due process protections for accused students and faculty.
Biden's new Title IX rules will affect people on school campuses across the country starting in August.
What happened this week?
The Biden administration's new guidance overhauls Trump-era rules that partially narrowed what and how schools can investigate sex discrimination incidents. President Joe Biden vowed during the 2020 election to reverse changes made under Education Secretary Betsy DeVos.
The new rules expand the definition of sexual assault and harassment. This means schools can investigate more cases of discrimination, abuse and harassment brought by people on school campuses within the law.
College student survivors will no longer be required to attend live hearings or be cross-examined. And people will be entitled to a “prompt and fair grievance procedure,” the rules say.
LGBTQ+ students are guaranteed protection under the law if they are discriminated against because of their gender identity or sexual orientation.
Pregnant and parenting students, who may face unwanted sexual attention, shame and punishment at school, will also have more protection from sex discrimination in admissions and on campus.
“These final regulations build on the legacy of Title IX by making clear that all students in our country have access to schools that are safe, welcoming, and respect their rights,” said U.S. Secretary of Education Miguel Cardona. ”.
Who is affected by the changes to Title IX?
Regulation changes have a wide range of effects on students, including:
- sexual assault victim: The new rules will have far-reaching implications for survivors of sexual misconduct and those accused of crimes. Among the changes, the definition of sexual assault will be expanded in K-12 schools and colleges.
- LGBTQ+ students: Biden's Title IX update provides protections from sex discrimination based on gender identity for the first time.
- Pregnant and parenting students: New regulations expand the definition of “sex-based harassment” to include pregnant people on campus.
Judgment regarding transgender students' participation in sports remains unsettled
The Biden administration did not rule on whether transgender and nonbinary students can participate on sports teams that align with their gender.
The administration released a proposed rule in April 2023 stating that schools and universities would almost never be able to ban non-binary and transgender students from participating in sports teams under new Title IX rules.
Contact Kayla Jimenez at kjimenez@usatoday.com. Follow @kaylajjimenez on X.
