President Joe Biden has signaled his intention to make changes to Title IX, the federal civil rights law that prohibits discrimination on the basis of sex in education programs or activities that receive federal financial assistance. The law, which was originally enacted in 1972, has been a subject of heated debate and controversy in recent years, particularly regarding how it is applied to cases of sexual misconduct on college campuses.
Under the Trump administration, the Department of Education issued new regulations for how colleges and universities should handle allegations of sexual harassment and assault under Title IX. These regulations narrowed the definition of sexual harassment, required schools to hold live hearings with cross-examination of both parties, and allowed schools to use a higher standard of evidence in adjudicating cases.
Critics of the Trump-era regulations argued that they made it harder for survivors of sexual misconduct to seek justice and protection on campus, and that they tilted the process in favor of the accused. They also pointed out that the regulations did not fully align with the Obama-era guidance on Title IX, which emphasized that schools should take proactive measures to prevent and address sexual misconduct.
President Biden, who has long been an advocate for survivors of sexual assault, has indicated that his administration will review and potentially reverse the Trump-era changes to Title IX regulations. In a statement released earlier this year, the Department of Education announced that it will conduct a comprehensive review of the regulations and seek input from educators, students, survivors, and other stakeholders.
The Biden administration has made it clear that it is committed to ensuring that all students have access to a safe and inclusive learning environment, free from discrimination and harassment. The changes to Title IX regulations are expected to prioritize the rights and needs of survivors of sexual misconduct, while also ensuring fair and equitable processes for all parties involved in Title IX investigations.
While the specifics of the changes to Title IX regulations have yet to be determined, the Biden administration’s commitment to addressing sexual misconduct on college campuses and promoting gender equity in education is a positive step forward. By reevaluating and potentially reversing the Trump-era regulations, the administration has the opportunity to strengthen Title IX protections and ensure that all students can learn and thrive in a safe and supportive environment.