Déjà Vu for Title IX

Joe Biden seeks to resurrect some of Obama’s guidance adjudication of sexual assault claims on campus.

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Last Thursday marked the 50th Anniversary of Title IX of the Education Amendments of 1972, known simply as Title IX. Signed into law by President Richard Nixon, these 37 words ushered in a new era in higher education: 

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance. 

President Biden’s Department of Education commemorated the 50th anniversary by publishing a 701-page notice of proposed rulemaking that  aims to supplant Trump’s Title IX regulations. The proposal has several notable provisions, for example, further solidification of the Biden administration’s interpretation that Title IX bars discrimination on the basis of sex stereotypes, sex characteristics, sexual orientation, and gender identity, although it punts on the question of trans genderathletes in college sports for the time being. 

Notwithstanding the importance of the aforementioned expansion, the issue pressing on the minds of victim advocacy groups, civil liberty watchdogs, school administrators, and parents of students across the nation is how the proposed regulations alter the sexual harassment adjudication process. 

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  1. Avatar photo
    The Bell Tower

    I had forgotten how profoundly illiberal the Obama administration often was. This is another example of Biden ignoring his own electorate to pursue the aims of well heeled bullies on the progressive left.

    Joe Biden could have bolstered the Democratic Party. Instead, he seems to be trying to destroy it.

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  2. Avatar photo
    Show Jay Janney the 🚪!

    I think the Biden administration is making a mistake doing this. The protections offered are not an undue burden on the victims. Those that are tend to be cases better handled by the court system. People are saying that since it is not a criminal proceeding it need not have due process. I'd argue that Title IX also covers men (as well as women); being expelled without due process would appear to me to deprive a student of their rights.

    Should Biden add gender identity to it, there will be a massive lawsuit, as it will trigger issues over sports, dorms, and the like. The original Obama "letter" forbid school authorities from challenging any gender identity claims, and were required to treat the person according to their claimed identity. Nor could they segregate these students. That means if your son identities as a woman, the colleges would be required to house them in a women's dormitory, without any explanation provided to roommates.

    My advice to parents of college women is be ready to sue for a Title IX violation if Biden announces it. Let the courts sort it out.

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    1. Avatar photo
      David Chen

      Mistake is an understatement in my book. Biden wants a standard for college men that would have crucified him by the same standards over the Tara Reade situation. I take great pleasure in knowing that he will be a one term loser by the end, and great day-drinking in knowing that the people waiting in the wings to take over are the GOP.

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  3. Mathew A

    So to sum the Biden administration is trying to roll back most but not quite all of the due process protections that were put in place.

    What a horrible day for justice

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    1. Jess

      I don’t think that “most” of the Trump era due process protections will be rolled back. The article says:

      For example, the presumption of “not responsible” until proven responsible is preserved, along with the requirement that all interim measures be neutral in nature.

      Those seem like crucial provisions to me.

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        David Chen

        As long as the actual 'trial' is one sided, this seems like a moot concession.

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  4. Avatar photo
    Rjosephpaquette

    If I had a son to send to college—I’d look for a male only institution. The current ‘justice’ system on college campuses is anything but just.

    I’ve never understood why are sexual assaults handled by college authorities and not the local police?

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    1. Avatar photo
      Show Jay Janney the 🚪!

      Two reasons:
      a) if they turn it over to the police they lose their ability to handle it internally.
      b) a drastic number of these cases, however, would not prosecuted because they would not be viewed as crimes.

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      1. Avatar photo
        Rjosephpaquette

        A.) Rape and sexual assault should be handled internally by a university? I think not.

        b) Exactly why it should be a police matter—due process and justice before you ruin someone’s life. The process on campus was unjust and not transparent.

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        1. Avatar photo
          David Chen

          If their belief is that the law has not caught up to their preferred reality (that everything is a crime), then easier to deputize a new sheriff than try to work through the existing system.

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        2. Avatar photo
          Show Jay Janney the 🚪!

          I apologize if I appeared to defend colleges on point a. I agree with you--but many college administrators do not like giving up control over campus matters.

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  5. Avatar photo
    Adicesa14

    Issue aside, this description of the recent history of Title IX (since Obama) illustrates the absurdity of Administrative State action in lieu of legislation. Obama says this, Trump says not that but this, now Biden says not that but this. Do you see? Regardless of how you feel about the issue, the Administrative State is an opportunity for chaos or at worst, abuse.

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    1. Token Liberal

      At least this is proper administrative action, as was the Trump administration's. The original "letter" did not even make it to that level.

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    2. Avatar photo
      EricRemcon@gmail

      👍 Concisely stated!
      I came here to say the same, but now I can return to my frustration in silence. 🙂

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