Biden administration moves to expand Title IX protections : NPR


Education Secretary Miguel Cardona speaks at the White House on April 27. The Biden administration on Thursday proposed a sweeping rewrite of campus sexual assault rules, aimed at expanding protections for LGBTQ students, strengthening victims’ rights and expanding college responsibilities in addressing misconduct. sexual. .

Susan Walsh/AP


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Susan Walsh/AP

Biden administration moves to expand Title IX protections : NPR

Education Secretary Miguel Cardona speaks at the White House on April 27. The Biden administration on Thursday proposed a sweeping rewrite of campus sexual assault rules, aimed at expanding protections for LGBTQ students, strengthening victims’ rights and expanding college responsibilities in addressing misconduct. sexual. .

Susan Walsh/AP

The Department of Education said Thursday that it plans to reinstate Title IX regulations rejected by the Trump administration. The proposed changes would combat gender discrimination in schools by strengthening victim protections and changing language to include sexual orientation and gender identity for LGBTQI+ students.

Thursday marked the 50th anniversary of Title IX of the Education Amendments of 1972, more commonly known as Title IX, which protects students against gender discrimination in educational programs and activities.

To commemorate the occasion, President Biden and the Department of Education announced proposed legislative amendments that would restore protections for victims that were rolled back by President Donald Trump.

“Over the past fifty years, our country has made significant progress in promoting equity and equality for all students, including closing gender gaps in sport, expanding opportunities in fields of science and technology and protecting students from gender discrimination, including sexual harassment and sexual violence,” Biden said in a White House statement.

“This is America: Possibilities. Millions of women and girls have benefited from the change that Title IX has made possible,” he added.

What are the changes in the Proposed Amendments

The Department of Education said the amendments will include clarifying text to include protections against discrimination based on sexual orientation and gender identity to strengthen the rights of LGBTQI+ students.

“They 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, except in certain limited areas defined by law or regulation,” said the department.

The department also said it plans to issue a separate Notice of Proposed Rulemaking to determine if and how the agency should amend Title IX regulations to address student eligibility to compete on a men’s track team. or particular feminine.

The amendments will also include language aimed at preventing discrimination based on gender stereotypes and pregnancy, the department said. This would require schools to provide reasonable accommodations for pregnant students and reasonable break times for pregnant employees as well as breastfeeding spaces.

And a student’s parents, guardians, and authorized legal representative would have greater protection to act on a student’s behalf. This would allow those parties to seek assistance under Title IX and participate in grievance procedures, the department said.

Restore victim protection

In May 2020, Trump Education Secretary Betsy DeVos announced sweeping changes to Title IX that reduced schools’ reporting responsibilities and strengthened the rights of defendants. The changes were seen as a “more reliable and fair selection process for all students,” the department said in 2020.

The changes proposed by the Biden administration would overturn many of the previous controversial rules.

“These regulations have weakened protections for survivors of sexual assault and diminished the promise of a discrimination-free education,” the department said Thursday.

Under Trump-era regulations, some forms of sexual harassment were not considered Title IX violations. But the proposed changes, which will be subject to a public comment period before being finalized, will include all “undesirable sexual behaviors that create a hostile environment by denying or limiting a person’s ability to participate or benefit from a school’s educational program or activity”. “

The Trump administration’s version of Title IX, which remains in place until the changes are approved, only requires educational institutions to investigate formal complaints of sexual harassment. The Department of Education said it would keep current regulations as much as possible to ensure consistency, but Biden’s changes would require schools to investigate all complaints.


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