Order may change handling of campus sex misconduct

WASHINGTON — President Biden on Monday — International Women’s Day — ordered his administration to review Trump administration rules around campus sexual assaults that bolstered the rights of the accused and narrowed the scope of cases colleges must address.

In an executive order signed Monday, Biden directed the Department of Education to review policies implemented by Donald Trump’s administration, including changes to Title IX regulations that prohibit sex discrimination in federally funded institutions.

Biden focused on gender equity during his campaign and promised to strengthen Title IX if he won the White House. He also signed a second executive order formally establishing a White House Gender Policy Council.

The order directing the review of Title IX could pave the way to a major shift in how colleges handle allegations of sexual misconduct moving forward.

Trump’s education secretary, Betsy DeVos, in 2018 rescinded an Obamaera administration standard in cases of reported sexual assault from requiring a “preponderance of evidence” — meaning it is more likely than not that sexual harassment or violence occurred — to “clear and convincing evidence.”

The DeVos changes reduced the liability of colleges and universities for investigating sexual misconduct claims and bolstered the due process rights of the accused, including the right to crossexamine their accusers through a thirdparty advocate at campus hearings.

Biden’s intent is to set policies that help ensure students have an environment that’s free from sexual harassment and without discrimination on the basis of sexual orientation or gender identity, according to a White House official who briefed reporters on the orders.

The order establishing the Gender Policy Council comes after Trump disbanded an office specifically focused on women’s issues created during the Obama administration that was called the White House Council on Women and Girls.

While the new council is a resurrection of the Obamaera one, one administration official said that giving it a new name was an acknowledgment that inequities can affect people of all genders. Still, the official said the council will primarily focus on issues facing women and girls because of “disproportionate barriers” they face.