Title IX Policies Shift Back to Trump-Era Guidelines Following Court Ruling

Title IX Policies Shift Back After Court Ruling

In Washington D.C., the education department recently dropped the news that schools and universities need to go back to the Title IX guidelines established during Donald Trump’s first term. Those guidelines have some strict rules for handling complaints of sexual misconduct, including live hearings and extra protections for accused students. Let’s break this down because it touches on some important issues.

What’s Changing?

According to a memo sent out to educational institutions across the country, the education department is making sure that the 1972 Title IX law, which prohibits discrimination based on sex, will be enforced according to rules created by former education secretary Betsy DeVos. These rules outline how complaints should be investigated and settled, especially when students give conflicting stories. Just recently, colleges had begun to pick up on these 2020 regulations again, as a federal judge in Kentucky tossed out the Biden administration’s version of the rules.

The Court’s Impact

This Kentucky judge said Biden’s updated rules were an “overstep” and violated free speech rights, particularly when schools were asked to respect students’ preferred pronouns. The judge pointed out that there’s nothing in the original Title IX law that hinted at it covering anything more than what was intended back in 1972. Even before the ruling, Biden’s regulations faced legal challenges in about half of the states.

More About Title IX

While the original text of Title IX is only 37 words, several layers of rules have been tacked on over the years to clarify its meaning. DeVos’s policy added around 500 pages detailing how schools should tackle complaints and how the education department checks for compliance. No wonder the education department has hit the ground running—just the other day, they opened an investigation into Denver schools after an all-gender restroom was created, while another restroom remained designated for boys only.

The Back and Forth Over Rules

So, what does this mean for future investigations? The new memo emphasizes that even cases that began under Biden’s rules should now align with the 2020 Title IX regulations. Critics of the DeVos rules argued that colleges were overly eager to punish students accused of sexual misconduct without fair processes in place. However, those rules were also met with backlash from victims’ rights advocates who claimed they could actually push victims away from reporting assaults.

Live Hearings and Cross-Examination

One of the most talked-about changes in the DeVos rules was the requirement for colleges to hold live hearings. This meant that accused students could cross-examine their accusers through an advisor. Talk about a high-pressure situation! The Biden administration had made live hearings optional, which some said was a step in the right direction to help protect victims. But as it turns out, some courts already recognized the accused’s right to cross-examine.

A Broader Look

In the bigger picture, the DeVos policy has narrowed the definition of sexual harassment and limited the scope of cases schools need to address. Plus, it made colleges less liable, requiring them to act with “deliberate indifference” to be found responsible for mishandling cases.

What’s Next?

Now, with all these changes buzzing around, the future of Title IX enforcement remains a hot topic. The spotlight is on the Trump administration’s pick for the next education secretary, Linda McMahon, a long-time Trump supporter and business mogul. Her Senate confirmation hearing is still on the horizon, leaving many wondering about what shape educational policies might take in the coming months.

As schools and universities navigate these new-old regulations, it’s crucial for everyone involved to understand their rights and responsibilities. With so much at stake, this situation will definitely be one to keep an eye on.