The US Department of Education has reverted to the Trump administration’s 2020 Title IX policies, requiring schools and universities to adopt stricter guidelines for handling sexual misconduct complaints. This shift follows a recent ruling by a federal judge in Kentucky who declared that the Biden administration’s Title IX rules overstepped presidential authority.
Court ruling sparks shift in policy
The Kentucky ruling invalidated changes made by the Biden administration, which had sought to expand Title IX protections to include LGBTQ+ students and broadened the definition of sexual harassment. US District Judge Danny C. Reeves determined that there was no basis in Title IX for the broad interpretation favored by the Biden administration. His ruling also noted that the new rules violated constitutional free speech rights by compelling schools to recognize students’ preferred pronouns. The decision immediately impacted how sexual misconduct cases would be handled nationwide.
Education department’s immediate action
In response to the ruling, the Education Department issued guidance instructing schools to return to the framework established during President Donald Trump’s first term. This includes requirements for live hearings in misconduct cases, where accused students have the right to cross-examine their accusers. Schools are also expected to narrow the scope of harassment, limiting it to more severe cases.
A statement from the Department of Education referred to the Biden-era Title IX rules as an “egregious slight to women and girls,” with a commitment to restoring fairness. “Under the Trump administration, the Education Department will champion equal opportunity for all Americans, including women and girls,” said acting assistant secretary for civil rights Craig Trainor, as reported by the Associated Press.
Impact on schools and students
The shift back to the 2020 rules is significant for both accusers and accused students. Critics of the Biden administration’s changes argue that the Trump-era rules ensure fairness by allowing legal counsel for both parties during hearings, as well as providing better safeguards for accused students. As quoted by the Associated Press, Tyler Coward, lead counsel for the Foundation for Individual Rights and Expression, praised the return to the 2020 policies, saying, “The 2020 rules will ensure fairness and important procedural safeguards.”
However, victim advocates express concern that the changes may undermine protections for those reporting misconduct. Emma Grasso Levine from Know Your IX quoted by the Associated Press, “This will deter students from coming forward with assault claims.” The new policies may lead to a tense balance between fair treatment for accused students and ensuring safe environments for survivors.
The Biden administration’s proposed Title IX revisions, intended to protect LGBTQ+ students, remain stalled in many states due to ongoing legal challenges, including the Kentucky decision. The debate over how Title IX should be enforced is far from over, and further legal battles are anticipated.
