Biden Administration Finalizes Rules to Protect LGBTQ Students and Campus Sexual Assault Victims

The Biden administration has finalized new rules that will protect the rights of LGBTQ students and provide additional safeguards for victims of campus sexual assault. These rules, part of a revised Title IX regulation issued by the Education Department, fulfill a campaign promise made by President Joe Biden to dismantle rules created by former Education Secretary Betsy DeVos.

One notable absence from Biden’s policy is any mention of transgender athletes. The administration had initially planned to include a provision forbidding schools from enacting bans on transgender athletes, but this was put on hold, likely due to political considerations during an election year.

The new rules clarify that Title IX also protects LGBTQ students, forbidding discrimination based on sexual orientation or gender identity. This has been a source of conflict with Republicans, who argue that Congress never intended such protections under Title IX.

The revision, proposed nearly two years ago, has been slowed by a comment period that drew a record number of responses. Many of the changes are aimed at ensuring that schools and colleges respond effectively to complaints of sexual misconduct, widening the type of misconduct that institutions are required to address and granting more protections to students who bring accusations.

Victims’ advocates have praised the changes, which include a wider definition of sexual harassment and new limits on live hearings for cross-examination. Despite the focus on safeguards for victims, the new rules also preserve certain protections for accused students, ensuring equal access to evidence and witnesses, the right to bring an advisor to campus hearings, and the availability of an appeals process.

This latest overhaul continues a back-and-forth political battle as presidential administrations repeatedly rewrite the rules around campus sexual misconduct. With these new rules set to take effect in August, schools and colleges will need to quickly implement the changes to create safer and more accessible environments for all students.