The rights of LGBTQ students would become enshrined in federal law and victims of campus sexual assault would gain new protections under new rules proposed by the Biden administration.
Biden marked the anniversary of Title IX by acknowledging the impact the law has had in advancing equity but acknowledging there was more to do.
Republicans in Congress were quick to denounce the proposal. Rep. Virginia Foxx of North Carolina, the top Republican on the House Education and Labor Committee, said the rules will “demolish due process rights and the safety of young women and girls across the country, with promised regulations still to come to undermine women’s access to athletic opportunities.”
If the proposal is finalized, it would mark the second rewrite of federal Title IX rules in two years. DeVos’ rules were themselves intended to reverse Obama-era guidance. The Obama policy was embraced by victims advocates but led to hundreds of lawsuits from accused students who said their colleges failed to give them a fair process to defend themselves.
DeVos’ rules dramatically reshaped the way colleges handle allegations of sexual assault and harassment, with an emphasis on ensuring the constitutional due process rights of the accused. DeVos also reduced colleges’ obligations in responding to complaints. Her policy narrowed the definition of harassment and scaled back the types of cases colleges are required to address. As a result, some campuses have seen steep decreases in the number of Title IX complaints coming in from students.
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