Updated Title IX Regulations Expected from Biden Administration

Baker Donelson

Baker Donelson

Just a few days after President Biden's Secretary of Education appointee, Miguel Cardona, was sworn in earlier this month, the President called for a sweeping revision of the Title IX regulations that went into effect in August 2020 as part of his "Executive Order on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation and Gender Identity." The Executive Order signals that many of the changes instituted under the Trump Administration in 2020 will be reversed. The regulations are likely to not only revert back to the Obama era Title IX policies but extend even further to protect victims of sexual assault. We expect that the new regulations will address specific obstacles facing students who identify as lesbian, gay, bisexual, transgender, and queer, as well as complications arising from intersecting forms of discrimination on the basis of other protected classes, such as race and disability.

A few of the specific changes we anticipate as a significant reversal from the controversial changes made by the Trump Administration include:

  • Removal of the requirement of in-person hearings, with live cross-examination, for institutions of higher education.
  • Reversing provisions that allow institutions to adopt a clear and convincing standard of evidence.
  • Ending the exemption for off-campus and international incidents from Title IX coverage.
  • Elimination of the narrower definition of sexual assault.

Mr. Cardona has been tasked with issuing new guidance in the next 100 days. If you are subject to the requirements of Title IX, you will want to prepare for the Department of Education to publish new regulations that will materially differ from what was issued just last year. 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Baker Donelson | Attorney Advertising

Written by:

Baker Donelson

Baker Donelson on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.