Staff Reports
The Biden administration made some big changes to the Title IX rules, and boy oh boy, are some folks up in arms about it! They’ve gone and expanded the definition of sex to include transgender identities, and let’s just say, some people are not happy about it.
Now, these new rules only cover the discrimination and harassment parts of Title IX, but there’s still some kerfuffle about the transgender participation in sports that needs sorting out. And get this, they’re not expected to have those rules settled until after the 2024 election. Can you believe it? That’s a long time to wait!
An excellent breakdown of the Biden Administration's changes to Title IX by my colleague and dear friend @BreccanFThies
The new rules only pertain to sexual harassment and discrimination, with more changes anticipated post-election.https://t.co/4kxn6V3q6g
— Gabrielle M. Etzel (@UnvarnishedGME) April 19, 2024
The push for this redefinition of sex comes from a Supreme Court case called Bostock v. Clayton County. See, Justice Neil Gorsuch used this case to apply a whole new gender identity framework to the definition of sex as it relates to employment discrimination under Title VII. And President Biden, he wasted no time issuing an executive order to spread that reasoning to everything the federal government does. So now, the final rule applies Bostock to Title IX. What a wild ride, huh?
Now, Education Secretary Miguel Cardona, he’s all about these changes. He says it’s about fairness and making sure no one experiences sex discrimination in federally funded education. But not everyone is on board with these changes. Rep. Virginia Foxx is not having it. She says these new rules are basically throwing women and girls’ advancements and protections right out the window. She’s not pleased one bit.
One of the big things shaking things up here is the due process rights of students accused of sexual harassment. The Trump-era rules spelled out these rights, but now the Biden administration is shaking things up. The new rules still keep some of those provisions, like the accused being treated with a presumption of innocence and being allowed to respond to the allegations properly.
And here’s the kicker – schools are now required to respond promptly and effectively to any sex discrimination complaints, and transparent processes for sorting it all out have got to be put in place. Plus, a fair and reliable grievance process is now a must, with the burden of proof resting on the institution. Phew, things sure are heating up over here with all these changes!
