The Biden administration issued new rules on Friday to effectively broaden the scope of Title IX.
FILE - Demonstrators advocating for transgender rights and healthcare stand outside of the Ohio Statehouse on Jan. 24, 2024, in Columbus, Ohio. The rights of LGBTQ+ students will be protected by federal law and victims of campus sexual assault will gain new safeguards under rules finalized Friday, April19, 2024, by the Biden administration. Notably absent from Bidenâs policy, however, is any mention of transgender athletes. , which take effect on Aug.
The rules are going to have an impact on a wide range of students, especially sexual assault survivors, LGBTQ+ students and pregnant students. The new rules did not mention transgender students participating in athletics, which is a hot-button issue heading into the 2024 election. However, there is a separate rule the administration proposed in 2023 that is still under review.sexual assault due process rules that were put into place by former President Trump. Therefore, colleges will no longer be required to have live hearings that allow students to cross-examine their accusers.
Another change is to the burden of proof. The new standard is “preponderance of evidence,” which is a lower bar than the “clear and convincing” standard that was put in place under Trump. There are, however, a few Trump policies that are staying the same. For example, schools will still have the option to use informal resolutions in most cases – unless the allegation involves an employee of a K-12 school – which do not require full investigations or determinations. Additionally, the new rules still prohibit giving penalties to students until an investigation is completed.
Discrimination Sexual Harassment Biden Administration Federal Funding Schools Gender Identity Sexual Orientation
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