Biden Orders Review of Trump Title IX Rule Changes

The order states the education secretary “shall consider suspending, revising or rescinding” the sexual misconduct rules that went into effect last summer.

Biden Orders Review of Trump Title IX Rule Changes

Washington – President Joe Biden on Monday ordered the U.S. Department of Education to review Trump administration changes to Title IX that significantly revised how K-12 schools and institutions of higher education handle sexual assault complaints.

Specifically, the order says the U.S. Department of Education “shall consider suspending, revising or rescinding” the new rules, which went into effect last summer.

“It is the policy of my Administration that all students should be guaranteed an educational environment free from discrimination on the basis of sex, including discrimination in the form of sexual harassment, which encompasses sexual violence, and including discrimination on the basis of sexual orientation or gender identity,” the order reads.

The move comes as no surprise since Biden pledged to bring a “quick end” to Title IX regulations that were implemented under former President Donald Trump.

The rules have been heavily criticized by sexual assault victim advocates, claiming the regulations discourage victims from coming forward and bolster the rights of those accused of sexual misconduct. Many states are suing to overturn the new Title IX regulations, however, one lawsuit filed on behalf of four activist groups was dismissed in October due to their lack of standing. A lawsuit filed by the National Women’s Law Center is set to go to trial in November, reports ABC News. A group of California high school students have also filed suit.

The process of changing the Title IX regulations could take years because they were instituted through the formal rulemaking process, reports NBC News. Congress, however, could opt to rescind the rules.

Some of the more controversial changes to Title IX implemented by former U.S. Department of Education Secretary Betsy DeVos, such as the requirement to allow cross examination, will most likely be eliminated, reports ABC News. However, experts believe Biden will seek a middle ground between the Obama era sexual misconduct rules and Trump era rules.

On Monday, Biden also issued an order establishing the Gender Policy Council. Trump disbanded former President Barrack Obama’s White House Council on Women and Girls. In the order, Biden pledges to “establish and pursue a comprehensive approach to ensure that the Federal Government is working to advance equal rights and opportunities, regardless of gender or gender identity, in advancing domestic and foreign policy — including by promoting workplace diversity, fairness, and inclusion across the Federal workforce and military.”

About the Author

Robin Hattersley Gray
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Robin has been covering the security and campus law enforcement industries since 1998 and is a specialist in school, university and hospital security, public safety and emergency management, as well as emerging technologies and systems integration. She joined CS in 2005 and has authored award-winning editorial on campus law enforcement and security funding, officer recruitment and retention, access control, IP video, network integration, event management, crime trends, the Clery Act, Title IX compliance, sexual assault, dating abuse, emergency communications, incident management software and more. Robin has been featured on national and local media outlets and was formerly associate editor for the trade publication Security Sales & Integration. She obtained her undergraduate degree in history from California State University, Long Beach.

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