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The Biden Administration Will Seek Public Input on Title IX Overhaul

by | May 21, 2021 | Discrimination

How the Biden Administration Plans to Add Public Input

The Biden administration announced that it will consider the public’s input in its efforts to review all current school policies on sex and gender discrimination and violence.[1] The announcement is part of President Biden’s goal to dismantle Trump-era rules that gave greater protections to students accused of assault.

In a letter drafted by Suzanne Goldberg—the acting assistant secretary for the Department of Education’s Office for Civil Rights, the department plans to hold public hearings for students, educators, and other stakeholders to share their insight on the issue of sexual harassment in school environments. Students and staff will also be sent questionnaires regarding the Trump-era rules and the impact on these rules on the school’s ability to handle sexual harassment.

Furthermore, the department plans to publish a notice in the Federal Register about its intent to amend the current Title IX regulations.

President Biden’s Past Involvement with Title IX

When Mr. Biden was vice president, he played a huge role in former-President Obama’s efforts to overhaul Title IX, which critics have alleged has leaned too heavily toward accusers and offered only slight protections or due process for students and faculty accused of sexual misconduct.

The Trump administration pushed the rules aside and delivered new regulations on sexual misconduct, which critics have alleged swung too far the other way, offering those accused of sexual misconduct too much power with guaranteed court-like tribunals and cross-examination of accusers. The Trump Administration’s changes have led to an increase of lawsuits from students who have alleged sex-based discrimination.

Recent Lawsuits and Their Impact on Title IX

There has been a string of court decisions that have accepted male students’ claims of sex-based discrimination after their schools sanctioned them for harassment or assault.[2] These court cases could complicate the Biden Administration’s efforts to rewrite Title IX. Although the wins for the accused student that claimed anti-male bias have mostly been at the appellate level, critics have warned that schools could still feel pressured to settle the lawsuits with student accused of sexual misconduct.

It is not entirely clear how much the Biden Administration can change Title IX with the current lawsuits ruling in favor of accused students, but it does seem that the Administration would like to have the public involved in its new vision for Title IX.

Reach Out to an Experienced Employment Law Firm for a Free Consultation

As employment attorneys in California, we are committed to ensuring our clients receive the rights they are entitled to as employees under federal law. If you believe that you have been wrongfully terminated on the basis of your sexual orientation or gender expression, reach out to Makarem & Associates.

With some of the best employment law attorneys in California, we can provide you legal representation to help you reach the most ideal outcome. Get in touch with Makarem & Associates for a free consultation over the phone at 800-610-9646 or email at [email protected] to receive the right legal counsel.