The U.S. Department of Education announced on Friday a finalized rule to update Title IX regulations concerning schools’ response to sexual misconduct, reversing changes made during the Trump administration and by former Education Secretary Betsy DeVos.
This updated regulation aims to revert the Title IX alterations implemented under DeVos, which included a narrow definition of sexual harassment and mandated live hearings allowing the accused to cross-examine their accusers, a practice criticized for discouraging victims from reporting misconduct.
President Joe Biden, during his 2020 campaign, pledged to overturn the Trump administration’s Title IX regulations, aligning with many advocates’ concerns.
The finalized rule seeks to safeguard students and employees against sex-based discrimination, encompassing sexual violence and other forms of harassment, while also mandating schools to provide adequate support to complainants.
Moreover, the rule establishes guidelines for schools, emphasizing equitable and prompt handling of all sexual discrimination complaints.
In addition to codifying protections for transgender students, and prohibiting LGBTQ discrimination based on sexual orientation, gender identity, and sex characteristics, the rule addresses transgender athletes, with separate regulations pending finalization.
The finalized regulation also ensures protection against discrimination based on pregnancy, childbirth, and recovery, extending to reproductive care.
Assistant Secretary for Civil Rights Catherine Lhamon highlighted the rule’s clarification of school obligations in addressing all forms of sex discrimination, emphasizing collaboration with schools, students, and families to prevent and address such discrimination.
Education Secretary Miguel Cardona announced the rule’s effective date as August 1st.
