Biden expands Title IX protections for LGBTQ+ students

The Biden administration on Friday finalized revised Title IX regulations that strengthen protections for LGBTQ+ students. Additionally, the revised regulations provide new safeguards for victims of campus sexual assault.

The move fulfills a campaign pledge by President Joe Biden to dismantle rules created during the Trump era that offered more protections to students accused of misconduct.

A key provision in the updated guidelines explicitly states that Title IX, the landmark 1972 law prohibiting sex-based discrimination in education, also covers discrimination based on sexual orientation and gender identity. This change grants LGBTQ+ students who face bias the right to a response from their school and potential recourse from the federal government, AP News reports.

"No one should face bullying or discrimination just because of who they are, who they love," said Education Secretary Miguel Cardona, calling the rules a clarification that "everyone can access schools that are safe, welcoming and that respect their rights."

For cases of sexual misconduct, the revisions widen the definition of sexual harassment that schools must address and grant more protections to accusers, such as limiting cross-examination at campus hearings. However, accused students retain certain due process rights like equal access to evidence and the ability to appeal disciplinary decisions.

Victims' advocates praised the overhaul as making campuses safer, while Republicans decried it as eroding rights for the accused. Rep. Virginia Foxx (R-N.C.), chair of the House education committee, said the rules "dump kerosene" on Democrats' "culture war" over gender issues.

The rules are set to take effect in August after a two-year rulemaking process that drew a record 240,000 public comments. They continue a years-long back-and-forth as Democratic and Republican administrations rewrite policies around investigating sexual misconduct allegations.