2 final Title IX regulations will likely be delayed — again
Postponing the Title IX rules is “deeply disappointing,” said Shiwali Patel, senior counsel and director of justice for student survivors at the National Women’s Law Center.
Right now, survivors are left in the lurch because of DeVos’ Title IX rule, Patel said.
It requires colleges to adjudicate sexual violence reports through live hearings in which an accused student and an accuser can question each other through a surrogate. Some survivors have eschewed formal reporting at their colleges to avoid the trauma of the process, particularly cross-examination, Patel said.
The Biden administration’s proposal would give more flexibility, allowing colleges to either hold live hearings or use other models. In some states though, court rulings have required institutions to host hearings.
Patel also noted the rise in state legislation targeting transgender students. More than 20 states have passed laws or regulations restricting transgender students from participating on sports teams consistent with their gender identities.
“LGBTQIA+ students have a need for decisive strong action that clarifies their rights,” Patel said.