LGBTQ students’ rights will be enshrined in federal law, and victims of sexual violence on campus will receive new protection under new rules proposed by the Biden administration on Thursday.
The proposal, announced on the 50th anniversary of the Women’s Rights Act in Title IX, aims to replace a set of controversial rules issued during the Trump administration by Education Minister Betsy DeVos.
President Joe Biden’s education secretary, Miguel Cardona, said that although there are significant steps towards gender equality, discrimination and sexual violence continue.
“While we are celebrating all the progress we have made, maintaining equal access and inclusion is as important as ever,” he said.
The proposal is almost certain to be challenged by conservatives and is expected to lead to new legal battles over the rights of transgender students in schools, especially in sports. He now faces a period of public feedback before the administration can finalize any changes, meaning the policy is likely to take effect next year at the earliest.
The move responds to a demand from victims’ rights advocates who wanted Biden to issue new rules no later than the anniversary of Title IX, which bans gender-based discrimination in schools and colleges. Proponents say DeVos rules have gone too far in defending students accused of sexual violence at the expense of victims.
As a presidential candidate, Biden promised a quick end to DeVos’ rules, saying they would “embarrass and silence the survivors.”
In announcing its proposal, Biden’s education department said DeVos’ rules “weaken the protection of survivors of sexual violence and reduce the promise of education without discrimination.”
For the first time, the rules will officially protect LGBTQ students under Title IX. Nothing in the 1972 law explicitly addresses the issue, but the new proposal will clarify that the law applies to discrimination based on sexual orientation and gender identity.
This will make it clear that “preventing someone from participating in school programs and activities that match their gender identity would cause harm in violation of Title IX,” according to the department. More specific rules regarding the rights of transgender students in school sports will be published later, the department said.
Biden marked the anniversary of Title IX, acknowledging the impact the law has had on the development of justice, but acknowledging that there is still work to be done.
“As we look forward to the next 50 years, I am committed to defending 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 will restore the Obama-era rules that DeVos policy has replaced.
The definition of sexual harassment will be expanded to cover a wider range of misconduct. Schools will be required to deal with any allegations that create a “hostile environment” for students, even if the misconduct occurs off-campus. Most college staff, including professors and coaches, will need to notify campus staff if they become aware of potential gender discrimination.
In a victory for victims’ rights defenders, the proposal will remove a rule requiring colleges to hold live hearings to investigate cases of sexual misconduct – one of the most divisive aspects of DeVos policy. Under the new policy, live hearings will be allowed, but colleges may also appoint campus staff to interview students individually.
Biden’s action was praised by victims’ rights groups, LGBTQ advocates and members of the Democratic Party.
“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 and advocates. “Especially in light of the ongoing state legislative attacks, we are grateful for the strong support of the LGBTQ youth administration.”
Republicans in Congress were quick to condemn the proposal. North Carolina’s Virginia Fox, the top Republican on the Education and Labor Commission, said the rules “would undermine the due process and safety of young women and girls across the country, with promised regulations still to be undermined.” women’s access to athletic ability. “
If the proposal is finalized, it will mean the second rewriting of the federal rules of Title IX in two years. The DeVos rules themselves were intended to reverse the Obama-era guidelines. Obama’s policies were adopted by victims’ advocates, but led to hundreds of lawsuits from accused students who said their colleges had failed to provide them with a fair defense process.
The whiplash has forced many schools to struggle to adopt ever-changing rules. Some are pushing for a middle-class political position that will protect students without imposing new rules every time the White House changes power.
“It’s not in anyone’s interest to have this ping-pong effect of changing the rules every five years,” said S. Daniel Carter, an on-campus security consultant and president of educational campus safety advisers. “It’s just not a good way to get things done. It’s very difficult for everyone involved. “
DeVos rules have dramatically changed the way colleges deal with allegations of sexual violence and harassment, with an emphasis on guaranteeing the accused’s constitutional rights through due process.
Under its rules, accused students were given broader rights to review and respond to evidence against them, and students had the right to question each other through a representative at a live hearing.
The requirement for a live hearing was hailed as a victory for the accused students, but provoked an intense reaction from other defenders, who said it was forcing the victims to relive their trauma.
DeVos also reduced the obligations of colleges in response to complaints. Its policy narrows the definition of harassment and reduces the types of cases that colleges have to deal with. As a result, some campuses have seen a sharp decline in the number of Title IX complaints coming from students.
Under its rules, for example, colleges are not required to investigate most off-campus complaints, and they should not act on any complaints unless the alleged misconduct is “severe, widespread, and objectively offensive.”
The overhaul was partly intended to ease the burden on colleges as they mediate complex cases, but some say that in the end it added more work.
Some college leaders said DeVos rules were too prescriptive and forced them to turn campus discipline systems into miniature courtrooms. Many schools continue to deal with all complaints of sexual misconduct, even if they do not meet the narrow definition of bullying, but have had to create separate disciplinary processes to deal with these cases.
Advocates on both sides say this can be confusing for students.
“It doesn’t have to be that way. It should be, if nothing else, more uniform – that’s the whole reason why the provisions of Title IX were introduced, “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 change the rules of DeVos. He began the process last year when he ordered the education department to review the rules, but the agency is mired in a slow-moving rulemaking process.
___
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
___
The Associated Press’s education team is supported by Carnegie Corporation of New York. The AP is solely responsible for all content.
Add Comment