The rights of LGBTQ students would be enshrined in federal law and victims of sexual assault on campus would get new protections under the new rules proposed by the Biden administration on Thursday.
The proposal, announced on the 50th anniversary of the Title IX Women’s Rights Act, seeks to replace a set of controversial rules issued during the Trump administration by Secretary of Education Betsy DeVos.
President Joe Biden’s education secretary Miguel Cardona said that although there has been significant progress towards gender equality, discrimination and sexual violence persist.
“While we celebrate all the progress we have made, advocating for equal access and inclusion is as important as ever,” he said.
It is almost certain that the proposal will be challenged by conservatives, and is expected to lead to new legal battles over the rights of transgender students in schools, especially in sports. It is now facing a period of public comment before the administration can finalize any changes, i.e. as soon as the policy comes into force it is next year.
The move fulfills a demand from victims ’rights advocates who wanted Biden to release new rules ahead of the anniversary of Title IX, which bans sex discrimination in schools and universities. Proponents say DeVos’ rules have gone too far in protecting students accused of sexual misconduct, at the expense of the victims.
As a presidential candidate, Biden had promised a quick end to DeVos’ rules, saying he would “embarrass and silence the survivors.”
Announcing its proposal, Biden’s Department of Education said DeVos’ rules “weakened protections for survivors of sexual assault and diminished the promise of a discrimination-free education.”
For the first time, the rules would formally protect LGBTQ students under Title IX. Nothing in the 1972 law explicitly addresses the issue, but the new proposal clarifies that the law applies to discrimination on the basis of sexual orientation and gender identity.
It would make it clear that “preventing someone from participating in school programs and activities consistent with their gender identity would cause harm in violation of Title IX,” according to the department. More specific rules dealing with the rights of transgender students in school sports will be published later, the department said.
Biden marked the anniversary of Title IX by acknowledging the impact the law has had on the advancement of equity, but acknowledging that there was more to be done.
“As we look to the next 50 years, I am committed to protecting this progress and working to achieve full equality, inclusion and dignity for women and girls, LGBTQI + Americans, all students and all Americans. “he said in a statement.
Many of the proposed changes would restore the Obama-era rules that DeVos policy replaced.
The definition of sexual harassment would be expanded to cover a wider range of misconduct. Schools should address any complaints that create a “hostile environment” for students, even if the misconduct arises off-campus. Most college employees, including professors and coaches, should alert campus officials if they become aware of possible sex discrimination.
In a victory for victims ’rights advocates, the proposal would eliminate a rule that requires colleges to hold live hearings to investigate cases of sexual misconduct, one of the most divisive aspects of DeVos’ policy. Live hearings would be allowed under the new policy, but universities could also appoint campus officials to interrogate students separately.
Biden’s action garnered praise from victims ’rights groups, LGBTQ advocates, and Democratic lawmakers.
“These proposed regulations demonstrate a strong commitment to protecting educational opportunities for all students, including LGBTQ students,” said Janson Wu, executive director of Gay and Lesbian Advocates. “Especially in light of the ongoing state legislative attacks, we appreciate the administration’s strong support for LGBTQ youth.”
Republicans in Congress quickly denounced the proposal. Rep. Virginia Foxx of North Carolina, the top Republican on the House Education and Work Committee, said the rules “will demolish the due process rights and safety of young women and girls across the country,” with the regulations still promised to undermine women’s access. ” to sports opportunities “.
If the proposal is finalized, it would mark the second rewriting of Title IX federal rules in two years. The DeVos rules were in themselves intended to reverse Obama-era orientations. Obama’s policy was accepted by victims ’advocates, but it sparked hundreds of lawsuits from accused students who said their universities did not offer them a fair trial to defend themselves.
The whiplash has left many schools struggling to adopt ever-changing rules. Some have pushed for a medium-term political term that protects students without provoking new rules every time the White House changes power.
“It doesn’t serve anyone’s interest to have this ping-pong effect of changing the rules every five years,” said S. Daniel Carter, campus security consultant and president of security advisors for educational campuses. “This is not a good way to do things. It is very difficult for everyone involved.”
DeVos ’rules drastically reshaped the way universities handle allegations of sexual assault and harassment, emphasizing guaranteeing the constitutional rights of due process by defendants.
Under its rules, accused students had broader rights to review and respond to evidence against them, and students had the right to cross-examine each other through a representative at live hearings.
The live hearing requirement was applauded as a victory for the accused students, but provoked an intense reaction from other advocates who said it was forcing the victims to relive their trauma.
DeVos also reduced the obligations of schools when responding to complaints. Its policy reduced the definition of harassment and reduced the types of cases that schools have to deal with. As a result, some campuses have experienced a sharp decline in the number of Title IX complaints from students.
Under its rules, for example, schools are not required to investigate most off-campus complaints, and should not act on any complaints unless the alleged misconduct is “serious, widespread, and objective. offensive “.
The review was intended in part to lighten the burden on universities as they intervene in complex cases, but some say it eventually added more work.
Leaders at some universities have said DeVos ’rules are too prescriptive and force them to turn campus discipline systems into miniature courtrooms. Many schools have continued to address all complaints of sexual misconduct even if they do not meet the definition of restricted harassment, but have had to establish separate disciplinary processes to handle such cases.
Advocates on both sides say this can be confusing for students.
“It simply came to our notice then. It should, in any case, be more uniform; that’s why Title IX regulations were put in place, ”said Kimberly Lau, a New York lawyer who represents students in Title IX cases.
Biden’s proposal is an important step in fulfilling his promise to reverse DeVos ’rules. He began the process last year when he ordered the Department of Education to review the rules, but the agency has been stranded by a slow process of making rules.
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For more information on the impact of Title IX, read the full AP report: https://apnews.com/hub/title-ix
Video History: https://www.youtube.com/watch?v=NdgNI6BZpw0
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