Biden Administration

Education Department to propose Title IX rule amendments, undo Trump-era protections for victims and the accused

The Department of Education / Getty Images • April 6, 2021 4:50 pm

Initiating what could be a years-long project to undo Trump-era protections for college sexual assault victims and the accused, the Biden administration on Tuesday launched its audit of Education Department policies outlining how universities handle sexual misconduct investigations.

The Department of Education’s Office for Civil Rights announced it would begin a “comprehensive review” of Title IX rules that prescribe how university administrators deal with sexual misconduct cases. In a letter to students and educators, the office requested input on the department’s Title IX regulations—specifically, the August 2020 rule changes implemented under former education secretary Betsy DeVos.

Tuesday’s announcement follows President Joe Biden’s March 8 executive order on sex and gender discrimination, which asked the department to undertake a complete review of Title IX policies. The department’s letter marks the first step toward dismantling DeVos’s rules—a process that could take months or even years through the notice and comment rulemaking process, as outlined by federal policies.

“Today’s action is the first step in making sure that the Title IX regulations are effective and are fostering safe learning environments for our students while implementing fair processes,” Education Secretary Miguel Cardona said in a statement. “Sexual harassment and other forms of sex discrimination, including in extracurricular activities and other educational settings, threaten access to education for students of all ages.”

President Joe Biden pledged to bring a “quick end” to DeVos’s Title IX rules during his campaign and faced pressure from progressive legal organizations to do so. DeVos’s changes drew ire from feminist activists because they allowed students accused of sexual misconduct to cross-examine their accusers through a third-party representative. The August 2020 changes also delegated misconduct cases that occurred off-campus to local authorities.

In addition to due process protections, DeVos established the first federally mandated protections for sexual assault victims on college campuses. University administrators are required to provide victims with necessary

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