The Biden administration proposed a dramatic overhaul of campus sexual assault rules on Thursday, acting to expand protections for LGBTQ students, bolster the rights of victims and widen colleges’ responsibilities in addressing sexual misconduct.
, announced on the 50th anniversary of the Title IX women’s rights law, is intended to replace a set of controversial rules issued during the Trump administration by Education Secretary Betsy DeVos.President Joe Biden’s education secretary, Miguel Cardona, said that even though there have been significant strides toward gender equality, discrimination and sexual violence persist.
As a presidential candidate, Biden had promised a quick end to DeVos’ rules, saying they would “shame and silence survivors.” It would make clear that “preventing someone from participating in school programs and activities consistent with their gender identity would cause harm in violation of Title IX,” according to the department. More specific rules dealing with the rights of transgender students in school sports will be released later, the department said.
The definition of sexual harassment would be expanded to cover a wider range of misconduct. Schools would be required to address any allegation that creates a “hostile environment” for students, even if the misconduct arises off campus. Most college employees, including professors and coaches, would be required to notify campus officials if they learn of potential sex discrimination.
The whiplash has left many schools scrambling to adopt ever-changing rules. Some have pressed for a political middle ground that will protect students without prompting new rules every time the White House changes power. Under her rules, accused students were given wider rights to review and respond to evidence against them, and students had the right to cross-examine one another through a representative at live hearings.
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