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The US Education Department has directed schools and colleges to revert to Trump-era sexual misconduct rules, rolling back protections expanded under President Joe Biden. The decision follows a January 9 court ruling that blocked Biden’s updates to Title IX, a federal law banning sex discrimination in education.
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Under Biden, Title IX was broadened to protect LGBTQ+ students, making it easier to report sexual harassment and discrimination. The changes removed certain protections for accused individuals and eliminated mandatory live hearings, allowing schools to investigate complaints without direct cross-examinations.
However, the court ruled Biden’s Title IX expansion unconstitutional, arguing it infringed on free speech by compelling schools to recognize students' preferred pronouns and include protections for transgender individuals. Several Republican-led states had already challenged the policy.
As a result, schools must now follow the 2020 rules set by Betsy DeVos, Trump’s education secretary. These regulations require live hearings, permit cross-examinations, and set a stricter definition of sexual harassment. Schools will only be held accountable if they show “deliberate indifference” to complaints.
The shift is expected to make reporting sexual misconduct more difficult, as fewer cases will meet the stricter criteria. Additionally, the requirement for live hearings may discourage victims from coming forward due to the trauma of facing direct questioning.
