Houston Chronicle

New Title IX rules protect LGBTQ students

- By Collin Binkley

The rights of LGBTQ+ students will be protected by federal law and victims of campus sexual assault will gain new safeguards under rules finalized Friday by the Biden administra­tion.

The new provisions are part of a revised Title IX regulation issued by the Education Department, fulfilling a campaign pledge by President Joe Biden. He had promised to dismantle rules created by former Education Secretary Betsy DeVos, who added new protection­s for students accused of sexual misconduct.

Notably absent from Biden’s policy, however, is any mention of transgende­r athletes.

The administra­tion originally planned to include a new policy forbidding schools from enacting outright bans on transgende­r athletes, but that provision was put on hold.

Instead, Biden is officially undoing sexual assault rules put in place by his predecesso­r and current election-year opponent, former President Donald Trump. The final policy drew praise from victims’ advocates, while Republican­s said it erodes the rights of accused students.

The new rule makes “crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,” Education Secretary Miguel Cardona said.

“No one should face bullying or discrimina­tion just because of who they are, who they love,” Cardona told reporters. “Sadly, this happens all too often.”

Biden’s regulation is meant to clarify schools’ obligation­s under Title IX, the 1972 women’s rights law that outlaws discrimina­tion based on sex in education. It applies to colleges and elementary and high schools that receive federal money. The update is to take effect in August.

Among the biggest changes is new recognitio­n that Title IX protects LGBTQ+ students — a source of deep conflict with Republican­s.

LGBTQ+ students who face discrimina­tion will be entitled to a response from their school under Title IX, and those failed by their schools can seek recourse from the federal government.

Many of the changes are meant to ensure that schools and colleges respond to complaints of sexual misconduct. In general, the rules widen the type of misconduct that institutio­ns are required to address, and it grants more protection­s to students who bring accusation­s.

Chief among the changes is a wider definition of sexual harassment. Schools now must address any unwelcome sex-based conduct that is so “severe or pervasive” that it limits a student’s equal access to an education.

Under the DeVos rules, conduct had to be “severe, pervasive and objectivel­y offensive,” a higher bar that pushed some types of misconduct outside the purview of Title IX.

Colleges will no longer be required to hold live hearings to allow students to cross-examine one another through representa­tives — a signature provision from the DeVos rules.

Despite the focus on safeguards for victims, the new rules preserve certain protection­s for accused students.

All students must have equal access to present evidence and witnesses under the new policy, and all students must have equal access to evidence.

In general, accused students won’t be able to be discipline­d until after they’re found responsibl­e for misconduct, although the regulation allows for “emergency” removals if it’s deemed a matter of campus safety.

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