Last week on Sept. 6, the University released a statement explaining that they had revised their Title IX policy on Sex Discrimination, Sex-Based Harassment, and Gender-Based Misconduct in response to the U.S. Department of Education’s Office for Civil Rights new regulations.
According to the U.S. Department of Education, Title IX serves to “prohibit discrimination based on sex in education programs and activities that receive federal financial assistance.”
Title IX requires schools “to ensure that sexual violence does not impede a student’s access to education,” according to the Rape, Abuse & Incest National Network.
Several of these changes are a result of progressive policies implemented by the Biden administration, while others seek to refine older Trump-era mandates.
According to McAndrews P.C., a Pennsylvanian law firm, one of the main changes aims to broaden the types of misconduct which universities across the country must address by expanding definitions of sex discrimination and sex-based harassment.
Another key change instituted by the Biden administration was the introduction of a lower standard of proof for misconduct reporting. Prior to this change, Trump-era policies dictated that schools must have a much higher standard of proof; the evidence must be “clear and convincing” when a school is adjudicating a sexual harassment issue, according to McAndrews.
Biden’s changes to Title IX now allow schools to choose whether or not they wish to employ the higher standard of proof or the lower one: the “preponderance of the evidence” standard. This simply means the school has to prove that it is more likely than not that an assault or harassment took place. As of August, the University employs the “preponderance of the evidence” standard when arbitrating sexual harassment matters.
However, one of the biggest changes would be the formal inclusion of “gender identity” in its definition of “sex.” What this now means is that schools cannot discriminate against students based on their gender identity or orientation.
According to the Congressional Research Service, the new amendment dictates that “policies that prevent individuals from participating in education programs consistent with their gender identity violate Title IX.” Essentially, with the new changes, institutions are not only disallowed to discriminate based on previous definitions of gender, but also gender identity.
As a result, LGBTQ+ students, especially those who identify as transgender, enjoy more protections granted under the new policy. These changes also encourage schools to offer more supportive measures for those who are victims of sexual harassment and assault.
