In June 2022, the Biden administration’s Department of Education proposed new Title IX rules on sex-based harassment and other sex discrimination.
Note: Sex-based harassment is a form of sex discrimination. Sex-based harassment includes sexual harassment (including sexual assault), dating violence, domestic violence, stalking, gender-based harassment that doesn’t have a sexual component, harassment based on LGBTQI+ status, and harassment based on pregnancy/parenting status.
Biden’s proposed changes to the Title IX rules would undo many of the harmful rules put in place in 2020 by the Trump administration (“2020 rules”), which currently push schools to ignore many incidents of sexual harassment and to use uniquely unfair and burdensome investigation procedures for sexual harassment complaints that are not required for investigations of any other type of student or staff misconduct. In short, the 2020 rules rely on and reinforce the harmful and false myth that people who report sexual harassment—primarily girls and women—tend to be lying about it and therefore need to be subjected to more scrutiny. Other changes to the Title IX rules made in 2020 allow schools to claim religious exemptions from Title IX’s requirements with little transparency or notice, putting students at increased risk of discrimination. Unfortunately, the 2020 rules remain in effect until a new rule is finalized.
The Biden administration’s proposed Title IX rules are consistent with Title IX’s broad mandate to prohibit sex discrimination in education. They would restore and enhance many of Title IX’s protections against sex-based harassment and other sex discrimination. The proposed rules would also formalize greater protections against discrimination for LGBTQI+ students and for pregnant and parenting students.
Read this detailed explainer to learn about the Biden administration’s proposed changes to the Title IX rules.
For a shorter summary of the Biden administration’s proposed rules, read this blog.