The rights of LGBTQ students would become enshrined in federal law and victims of campus sexual assault would gain new protections under new rules proposed by the Biden administration.
’s education secretary, Miguel Cardona, said that even though there have been significant strides toward gender equality, discrimination and sexual violence persist.
The step meets a demand from victims rights advocates who wanted Biden to release new rules no later than the anniversary of Title IX, which outlaws discrimination based on sex in schools and colleges.Advertisement For the first time, the rules would formally protect LGBTQ students under Title IX. Nothing in the 1972 law explicitly addresses the topic, but the new proposal would clarify that the law applies to discrimination based on sexual orientation and gender identity.
In a victory for victims rights advocates, the proposal would eliminate a rule requiring colleges to hold live hearings to investigate sexual misconduct cases — one of the most divisive aspects of DeVos’ policy. Live hearings would be allowed under the new policy, but colleges could also appoint campus officials to question students separately.
DeVos’ rules dramatically reshaped the way colleges handle allegations of sexual assault and harassment, with an emphasis on ensuring the constitutional due process rights of the accused. Under her rules, for example, colleges are not required to investigate most complaints that arise off campus, and they do not have to act on any complaint unless the alleged misconduct is “severe, pervasive and objectively offensive.”
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