President Directs Department of Education to Begin Dismantling Trump-Era Title IX Sexual Misconduct Regulations

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During the presidential campaign, President Biden indicated that he would revive Obama-era guidance to schools on how to investigate sexual harassment and assault under Title IX, including the 2011 “Dear Colleague Letter” that was rescinded by the Trump Administration in 2017. Today, the Biden administration began making good on that promise. The president signed an executive order on March 8, 2021, directing the Department of Education (DOE) to review the controversial regulations that became effective in August 2020, and provide findings within 100 days. The Secretary of Education must “consider suspending, revising, or rescinding—or publishing for notice and comment proposed rules suspending, revising, or rescinding” agency actions that do not guarantee an educational environment free from discrimination on the basis of sex, including in the form of sexual harassment and sexual violence. Among other considerations, the Secretary was directed to “account for the significant rates at which students who identify as lesbian, gay, bisexual, transgender and queer (LGBTQ+) are subject to sexual harassment, which encompasses sexual violence.”

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