President Biden signaled on Monday that he wanted to see changes in the 2020 Title IX regulations that bolstered protections for those accused of sexual misconduct and drew criticism from victims’ advocates.
Biden signed an executive order directing the Education Department to review “all of its existing regulations, orders, guidance, and policies” related to sexual violence in education within 100 days. The order also directs the newly confirmed education secretary, Miguel A. Cardona, to “issue new guidance as needed” on how schools and colleges should carry out the Title IX rules, and to “consider suspending, revising, or rescinding” any department actions that are “inconsistent” with the Biden administration’s approach to Title IX.
The Title IX regulations, which took effect last August, were a signature accomplishment of the Trump administration and Betsy DeVos, its former education secretary. The rules require colleges to overhaul their approaches to adjudicating sexual-misconduct complaints, including live hearings at which victims are cross-examined.
Supporters of due process, including many defense lawyers and high-profile law professors, said the changes were needed to ensure that students weren’t being unfairly suspended or expelled for allegations that were difficult to prove. Victims’ advocates, however, said mandatory hearings and cross-examination would retraumatize victims and discourage them from coming forward at all.
The review was an expected move for Biden, who as vice president spearheaded more-aggressive enforcement of Title IX and sought to hold colleges accountable for taking sexual misconduct and victims seriously. Biden said during the 2020 presidential campaign that he wanted to replace the Title IX rules. But any changes would have to go through a regulatory process that could take months, and possibly a year or more.
