President Biden's new Title IX rules protect LGBTQ+ students

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President Biden's new Title IX rules protect LGBTQ+ students
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The administration had planned to include a new policy forbidding schools from enacting outright bans on transgender athletes.

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 by the Biden administration.

“No one should face bullying or discrimination just because of who they are, who they love,” Cardona told reporters. “Sadly, this happens all too often.” Many Republicans say Congress never intended such protections under Title IX. A federal judge previously blocked Biden administration guidance to the same effect after 20 Republican-led states challenged the policy.

But the rule makes clear that treating transgender students differently from their classmates is discrimination, putting the state bathroom restrictions in jeopardy, said Francicso M. Negron Jr., an attorney who specializes in education law. Under the DeVos rules, conduct had to be “severe, pervasive and objectively offensive," a higher bar that pushed some types of misconduct outside the purview of Title IX.Colleges will no longer be required to hold live hearings to allow students to cross-examine one another through representatives — a signature provision from the DeVos rules.

Despite the focus on safeguards for victims, the new rules preserve certain protections for accused students.

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