Biden’s New Title IX Rules Add Campus Protections for LGBTQ+ Students

On Friday, the Biden administration finalised new regulations that will safeguard the rights of LGBTQ+ students under federal law and enhance protections for victims of sexual assault on college campuses. These regulations revise Title IX, which were enacted by the Education Department to fulfil a campaign promise by President Joe Biden. Biden had committed to dismantling the policies put in place by former Education Secretary Betsy DeVos, which had introduced new protections for students accused of sexual misconduct.

Notably, Biden’s updated policy does not address transathletes. Originally, the administration planned to include measures preventing schools from imposing complete bans on trans athletes, but this initiative was postponed. The decision to delay this policy is largely seen as a political strategy in an election year marked by Republican support for such bans in girls' sports.

Instead, Biden has opted to repeal the sexual assault policies implemented by his predecessor and current political opponent, former President Donald Trump. This move has been lauded by advocates for victims, although Republicans argue it undermines the rights of accused students.

The new rule is clear in its intentions, according to Education Secretary Miguel Cardona: “crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,” he stated. “No one should face bullying or discrimination just because of who they are, who they love,” he added during a press briefing, acknowledging the frequent occurrence of such discrimination.

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According to ‘Time’, these regulations clarify the obligations of educational institutions under Title IX, the 1972 law that prohibits sex-based discrimination in any educational program receiving federal funding. The primary amendment in this update, set to take effect in August, is the explicit inclusion of protections for LGBTQ+ students, a point of significant contention with Republicans.

The revised rules clarify that Title IX also prohibits discrimination based on sexual orientation or gender identity, providing LGBTQ+ students facing discrimination the right to school and federal government interventions.

Some Republicans, however, argue that Congress never intended for Title IX to provide such protections. This stance was reinforced when a federal judge blocked similar Biden administration guidance after it was challenged by 20 Republican-led states.

Rep. Virginia Foxx, a Republican from North Carolina leading the House Education and the Workforce Committee, criticised the updated regulation for endangering the progress made in advancing women and girls’ rights. “This final rule dumps kerosene on the already raging fire that is Democrats’ contemptuous culture war that aims to radically redefine sex and gender,” expressed Foxx.

The rule revision, proposed nearly two years ago, was delayed due to a lengthy comment period that attracted an unprecedented 240,000 responses.

Significant adjustments include a broader definition of sexual misconduct schools are mandated to address, and additional protections for individuals reporting such incidents. The alterations expand the definition of sexual harassment to include any unwelcome sex-based behaviour so “severe or pervasive” it denies a student’s equal access to education—an expansion of the stricter DeVos-era criteria.

Furthermore, the obligation for colleges to conduct live hearings enabling cross-examinations through representatives—a hallmark of the DeVos policies—has been removed, though optional under certain conditions in the new rules.

Instead, college officials may conduct separate interviews with each student, allowing for suggested questions and providing recordings of the responses.

Advocates for victims have praised these changes, urging rapid implementation by colleges.

Despite focusing on victim protections, the new rules continue to ensure specific rights for accused students, including equal opportunities to present evidence and witnesses, advisor support during hearings, and a mandatory appeals process.

The ongoing debate reflects persistent political tension over campus sexual assault policies, manifesting in successive administrations redefining the guidelines.

The Foundation for Individual Rights and Expression has criticised the rollback of procedural protections for accused students as contrary to fairness, highlighting the political volatility surrounding student rights on campus.

The recurrent revisions represent a deviation from an Obama-era policy that aimed to compel colleges to address campus sexual assault allegations more rigorously. Amidst these continuous changes, many institutions are seeking a stable middle ground to mitigate ongoing policy fluctuations.

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