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The Biden administration released rules Friday that protect the rights of LGBTQ students and change the way schools can respond to allegations of sexual assault and misconduct. It's a long-awaited answer to campaign promises made by President Biden to reverse Trump-era regulations he said were silencing survivors.
The Education Department's updates to Title IX, the 1972 law prohibiting sex discrimination in federally funded school programs, are expected to go into effect Aug. 1.
Under the new rules, in-person, court-like proceedings for allegations of sexual assault — including cross-examination of alleged victims — are no longer required. That rolls back Trump administration protections for accused students that victims' advocates say retraumatized survivors and discouraged reporting. Schools will now have the flexibility to question witnesses in live hearings or in separate meetings. If a school chooses to hold a live hearing, alleged victims have the right to attend remotely.
The Biden administration also broadened the definition of what counts as sexual harassment, so more cases might qualify as serious enough to require a school investigation. That reverses Trump-era regulations that had narrowed harassment to what is "objectively offensive."
"Our nation's educational institutions should be places where we not only accept differences, but celebrate them. Places that root out hate and promote inclusion, not just because it's the right thing to do, but because our systems and institutions are richer for it," Education Secretary Miguel Cardona said on a call with reporters Thursday.
Perhaps most contentious, the new rules also officially broaden the interpretation of Title IX to cover pregnant, gay and transgender students.
www.tpr.org
The Education Department's updates to Title IX, the 1972 law prohibiting sex discrimination in federally funded school programs, are expected to go into effect Aug. 1.
Under the new rules, in-person, court-like proceedings for allegations of sexual assault — including cross-examination of alleged victims — are no longer required. That rolls back Trump administration protections for accused students that victims' advocates say retraumatized survivors and discouraged reporting. Schools will now have the flexibility to question witnesses in live hearings or in separate meetings. If a school chooses to hold a live hearing, alleged victims have the right to attend remotely.
The Biden administration also broadened the definition of what counts as sexual harassment, so more cases might qualify as serious enough to require a school investigation. That reverses Trump-era regulations that had narrowed harassment to what is "objectively offensive."
"Our nation's educational institutions should be places where we not only accept differences, but celebrate them. Places that root out hate and promote inclusion, not just because it's the right thing to do, but because our systems and institutions are richer for it," Education Secretary Miguel Cardona said on a call with reporters Thursday.
Perhaps most contentious, the new rules also officially broaden the interpretation of Title IX to cover pregnant, gay and transgender students.
Biden administration adds Title IX protections for LGBTQ students, assault victims
The new rules also broaden the interpretation of Title IX to cover pregnant, gay and transgender students. They do not address whether schools can ban trans athletes from women's and girls' teams.
www.tpr.org
