Sex And Gender Discrimination Rules Under Title IX Getting A Boost Under Biden

( – In June 1972, President Richard Nixon signed Title IX into law. The federal law mandates equal protection for male and female students and employees in federally funded educational institutions. It protects against discrimination and sexual harassment. Now, President Joe Biden’s administration is looking to expand on it.

On Friday, April 19, the administration issued new rules on Title IX. They will extend protections for LGBTQ students and employees, and are aimed at eliminating discrimination or harassment based on a person’s gender identity or sexual orientation. They will also expand the range of complaints centered on sexual harassment that schools will need to investigate. The rules effectively reverse some of former President Donald Trump’s policies dictating how K–12 schools and colleges respond to claims of sexual misconduct.

The protections of the accused remained intact. No student who faces allegations can be punished until an investigation concludes. However, there’s now a “preponderance of evidence” standard rather than rigid parameters set forth by the previous administration.

The rules were part of Biden’s campaign when he ran for office. Education Secretary Miguel Cardona spoke with reporters and said the “regulations make it crystal clear that everyone can access schools that are safe, welcoming, and that respect their rights.”

What the rules don’t touch is the hot-button subject of transgender participation in school sports. The Department of Education is reportedly working on a new rule that will focus on this eligibility. It’s already drawn a lot of comments.

Not everyone is happy with the changes. Former Education Secretary Betsy DeVos, who served on former President Donald Trump’s administration, called it a “radical rewrite” of the federal law and blamed Progressives for inserting their politics into policy. By protecting transgender people, she noted, it reneged on decades of protections for women. Some organizations, including the Independent Women’s Law Center, said they plan to sue to reverse the “unlawful omnibus regulation.”

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