WASHINGTON — Schools and universities responding to complaints of sexual misconduct must return to policies created during President Donald Trump’s first term, with requirements for live hearings and more protections for accused students, according to new guidance issued Friday by the Education Department.
In a memo to education institutions across the nation, the agency clarified that Title IX, the 1972 law barring discrimination based on sex, will be enforced according to a set of rules created by former Education Secretary Betsy DeVos. The rules govern how complaints of misconduct are investigated and how to settle cases where students present differing accounts.
Colleges already have been returning to DeVos’ 2020 rules in recent weeks since a federal judge in Kentucky overturned the Biden administration’s Title IX rules. The court’s decision effectively ordered a return to the earlier Trump administration rules.
A statement from the Education Department called Biden’s rules an “egregious slight to women and girls.”
The Biden administration sought to overhaul the rules and expand Title IX to protect LGBTQ+ students. It expanded the type of behavior that’s considered sexual harassment — a reversal of the DeVos policy, which used a narrower definition.
“The Education Department will champion equal opportunity for all Americans, including women and girls, by protecting their right to safe and separate facilities and activities in schools, colleges and universities,” said Acting Assistant Secretary for Civil Rights Craig Trainor.
A federal judge in Kentucky overturned Biden’s rule on Jan. 9, saying it was a presidential overstep and violated constitutional free speech rights by telling schools to honor students’ preferred pronouns.
Among the most controversial elements of DeVos’ policy is a requirement to hold live hearings where accused students can cross-examine their accusers through an adviser. The Biden rule had eliminated the requirement and made live hearings optional.
More broadly, the 2020 policy narrows the definition of sexual harassment and the scope of cases that schools must address.