Title IX protections expanded in new Biden administration proposal on 50th anniversary of women’s rights law – Fresno, California

Fresno, California 2022-06-23 11:25:10 –

The Byden administration proposes a dramatic review of campus sexual assault rules on Thursday, increasing the protection of LGBTQ students, strengthening victims’ rights and increasing the university’s responsibility to deal with sexual misconduct. I tried to do it.

Published on the 50th anniversary of Title IX’s Women’s Rights Act, this proposal aims to replace a series of controversial rules issued by Secretary of Education Betsy DeVos during the Trump administration.

President Joe Biden’s Secretary of Education, Miguel Cardona, said Title IX is “immeasurable” in the fight against sexual assault and violence in education.

“In celebrating the 50th anniversary of this groundbreaking law, the proposed changes will continue to make progress so that every student in the country, wherever they live, who they are and who they love. No matter what, you will be able to learn, grow and grow. Prosper at school. “

This proposal is almost certain to be challenged by conservatives and is expected to lead to a new court battle over the rights of transgender students in schools, especially in sports. We are currently facing a public feedback period before the Biden administration finalizes the change. So the policy is most likely to take effect next year.

This step addresses the demands of victims’ advocates who wanted to release a new rule to Biden by the anniversary of Title IX, which bans gender discrimination in schools and colleges. Proponents say DeVos’s rules are overkill in protecting students accused of sexual misconduct at the expense of victims.

As a presidential candidate, Biden promised to end Devos’s rules soon, saying, “I’m ashamed of the survivors and silence them.”

In announcing the proposal, Biden’s Department of Education stated that Devos’s rules “weakened the protection of survivors of sexual assault and weakened the promise of non-discriminatory education.”

View Sofia Carson’s Host “Our America: Fifty50”A special ABC-owned television station to commemorate the 50th anniversary of Title IX, ABC station near you (Click here to see the local list) Also Where to stream: Fire TV, Android TV, Apple TV, Roku..

For the first time, the rules formally protect LGBTQ students under Title IX. Nothing in the 1972 law explicitly addresses this topic, but the new proposal makes it clear that the law applies to discrimination based on sexual orientation and gender identity.

According to the ministry, it will be clear that “preventing someone from participating in school programs or activities that are consistent with gender identity is harmful in violation of Title IX.” More specific rules dealing with transgender student rights in school sports will be announced later, the ministry said.

Biden marked the Anniversary of Title IX by recognizing the impact of the law on improving equity, but acknowledged that there was more work to be done.

“For the next 50 years, I will keep this progress and strive to achieve full equality, inclusion and dignity for women and girls, LGBTQI + Americans, all students, and all Americans. I promise, “he said in a statement.

Many of the proposed changes indicate a return to the Obama-era rules that replaced DeVos’ policies.

The definition of sexual harassment has been extended to cover a wider range of illegal activities. Schools need to deal with any illegal activity that creates a “hostile environment” for students, even if the illegal activity occurs off campus. Most university employees should notify campus staff when they become aware of potential sexism.

In the victory of the victim’s advocates, this proposal will eliminate the rule requiring the university to hold a live inquiry to determine cases of sexual misconduct-the most split of DeVos’ policies. One of the typical aspects. Although the new policy allows live hearings, universities can appoint campus “decision makers” to evaluate evidence and assess student credibility.

Once the proposal is complete, the Federal Title IX rules will be rewritten for the first time in two years. DeVos’s rules were themselves intended to overturn the guidance of the Obama era. Obama’s policy was accepted by the defenders of the victims, but hundreds of proceedings from accused students who said their college could not give them a fair process to protect themselves. It led to.

With whiplash, many schools are struggling to adopt constantly changing rules. Some people are looking for a political midpoint to protect students without encouraging new rules each time the White House changes power.

S. Daniel Carter, Campus Security Consultant and President of Education Campus Safety Advisors, said: “It’s not a good way to get things done. It’s very difficult for everyone involved.”

DeVos’ rules have dramatically changed the way universities handle allegations of sexual assault and harassment, with an emphasis on ensuring the defendant’s right to constitutional due process.

Under her rules, the accused students were given broader rights to review and respond to evidence against them, and students had the right to cross-examine each other through representatives at live hearings. rice field.

The requirement for a live hearing was praised as the victory of the accused student, but it elicited fierce opposition from other supporters who said the victims were forced to relive their trauma. rice field.

DeVos has also reduced the university’s obligations in responding to complaints. Her policy narrowed the definition of harassment and reduced the types of cases the university had to deal with. As a result, the number of Title IX complaints from students has dropped sharply on some campuses.

For example, under her rules, the university investigates or complains about most off-campus complaints unless the alleged illegal activity is “serious, widespread, and objectively offensive.” There is no need to take any action against it.

The overhaul was partly intended to ease the burden on the university to mediate complex cases, but some say that in the end more work was added.

Some university leaders say the DeVos rules are too normative and force the campus discipline system to turn into a miniature court. Many schools continue to deal with all sexual misconduct complaints, even if they do not meet the narrowed definition of harassment, but need to set up a separate disciplinary process to handle those cases. had.

Proponents of both sides say it can be confusing for students.

“It shouldn’t be. It should be more uniform, which is why Title IX regulations came into force,” said Kimberly Lau, a New York lawyer representing students in the Title IX proceedings. Stated.

Biden’s proposal is a major step in keeping his promise to overturn Devos’ rules. He started the process last year when he ordered the Ministry of Education to review the rules, but the agency is stuck with a slow-moving rule-making process.

Copyright © 2022 By AP communication. all rights reserved.

Title IX protections expanded in new Biden administration proposal on 50th anniversary of women’s rights law Source link Title IX protections expanded in new Biden administration proposal on 50th anniversary of women’s rights law

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