WASHINGTON — In response to allegations of sexual misconduct, educational institutions are now required to adopt policies established during President Donald Trump’s administration. The latest directives from the Education Department mandate live hearings and enhanced protections for individuals accused of misconduct as part of their compliance with Title IX regulations.
A memo directed towards educational institutions across the country clarified that Title IX, the landmark 1972 legislation prohibiting sex-based discrimination, will be enforced through rules previously established by former Education Secretary Betsy DeVos. These regulations dictate the procedures for investigating complaints and resolving situations where conflicting narratives arise from students involved.
In recent weeks, colleges have gradually reverted to using DeVos’s 2020 regulations following a federal court ruling in Kentucky that dismissed the Biden administration’s Title IX policies. The ruling effectively reinstated the regulations implemented during the Trump administration.
The Education Department issued a statement criticizing the guidelines put forth by the Biden administration, labeling them an “egregious slight to women and girls.” Acting Assistant Secretary for Civil Rights Craig Trainor emphasized that during the Trump administration, the Department will prioritize equal opportunities for all, particularly safeguarding the rights of women and girls within educational environments.
While the Biden administration aimed to reshape these rules to enhance protections for LGBTQ+ students and broaden the definition of sexual harassment, legal challenges were swiftly mounted against these reforms. A federal judge deemed that the Biden approach was an overreach of presidential authority and infringed upon constitutional free speech rights by mandating that schools recognize students’ preferred pronouns. U.S. District Judge Danny C. Reeves noted that the original intent of Title IX, as envisioned by Congress, did not extend beyond its initial framework.
The Biden administration’s revisions encountered hurdles even prior to the judge’s ruling, finding themselves suspended in several states due to ongoing Republican-led litigation. Although Title IX itself is succinctly defined in 37 words, extensive regulations have evolved over the years to clarify its application. DeVos’s framework incorporated an additional 500 pages outlining the obligations of educational institutions in handling complaints and ensuring adherence to federal requirements.
Significantly, the Trump administration has shifted its approach to Title IX enforcement, as illustrated by the Education Department’s announcement of an investigation into Denver schools. This inquiry follows the district’s decision to transform a girl’s restroom into an all-gender facility, while maintaining a separate bathroom solely for boys.
According to the new memo, ongoing investigations initiated under the Biden guidelines must now align with the stipulations of the 2020 Title IX regulations, signaling an immediate adjustment. Advocacy groups that support accused students have welcomed the reversal, arguing that Biden’s guidelines fell short in providing appropriate protections. The Foundation for Individual Rights and Expression praised the reinstated rules for promoting fairness in proceedings, noting the necessity for both accused students and accusers to be afforded legal representation during campus hearings and to have access to all related evidence.
“The return to the 2020 rules ensures that all students — whether they are the accused or the accuser — will receive fair treatment and crucial procedural safeguards,” stated Tyler Coward, lead counsel for government affairs at FIRE. In contrast, organizations focused on victims’ rights see this adjustment as a regression that could discourage students from coming forward about assaults. Emma Grasso Levine, senior manager for Title IX policy at Know Your IX, argued for the urgent need for educational institutions to enhance protections for students amid the absence of comprehensive federal guidance.
Among the most contentious aspects of DeVos’s regulations is the stipulation of live hearings, allowing accused individuals the opportunity to question their accusers. The Biden administration had eliminated this requirement, making such hearings optional, although some courts had affirmed the right of the accused to participate in cross-examination. More generally, the 2020 regulations limit the definition of sexual harassment and narrow the scope of cases schools are obligated to address. The responsibility of colleges is diminished, holding them accountable only when acting with “deliberate indifference.”
In the wake of these changes, Trump’s choice for education secretary, Linda McMahon, a close supporter of Trump and a prominent figure behind the World Wrestling Entertainment company, has yet to have her Senate confirmation hearing scheduled.
