Title IX turns 50, gets a face lift

“Title IX is a simple anti-discrimination mandate that prohibits federally funded educational institutions from discriminating “on the basis of sex.” Yet, without congressional authorization or other constitutional authority, the Biden administration is writing new Title IX rules to socially engineer every aspect of the educational experience—from student speech and school athletics to high-school locker room use and relationships between adult college students…

In perhaps the most sweeping change to federal law ever enacted by unelected bureaucrats, the administration’s draft rules redefine “sex” to include “gender” and “gender identity.” This would require every educational institution that receives federal money to allow biological men into women’s locker rooms, sororities and other previously female-only spaces. Any school that attempts to prevent the next Lia Thomas from competing on a women’s team will have its federal funding snapped back—under the same law that once required schools to increase athletic opportunities for women and girls.

The Biden rules would also limit the ability of parents to exempt their children from lessons on choosing one’s sex, while empowering schools to transition children without receiving parental consent or even informing parents. Because the new rules both redefine “sex” to mean “gender identity” and carelessly expand the definition of harassment to include protected speech, schools are already punishing children who use biological pronouns to refer to their classmates.

Out of a single sentence barring discrimination on the basis of sex, the Biden administration is illegally rewriting federal law to erase women and undermine constitutional liberties. Because the scope of the proposed rules is so vast, and its implementation is being managed by bureaucrats behind the scenes, average Americans may not have noticed. They need to wake up.”

“On Thursday the Education Department’s Office for Civil Rights proposed new regulations governing how colleges and universities that receive federal funds—which is nearly all of them—must respond to allegations of sexual misconduct under Title IX, which prohibits sex discrimination. The new regulations would eliminate or weaken basic procedural protections for students accused of sexual misconduct…

The right to a live hearing? Erased. Cross-examination? Unrecognizable. The standard of proof to determine guilt? Weakened. These fundamental safeguards are protected by the current regulations, which took effect in 2020 and reversed the 2011 guidance.

By proposing to jettison fair proceedings, the Education Department is setting colleges and universities on a collision course with the courts…

By rolling back rights for students nationwide, the Biden administration is abandoning core American principles. Protecting due process shouldn’t be controversial. Fundamental fairness shouldn’t be a partisan concern. But instead of working on solutions that will last beyond a presidency, Ms. Lhamon’s Office for Civil Rights is playing to the partisan base.

Like Judge Cabranes and courts across the country, Americans won’t accept fundamentally unfair campus hearings that railroad the accused. Title IX policies can and must be fair to both parties: Colleges can’t be permitted to sweep sexual-misconduct allegations under the rug or ignore basic procedural protections.

The Education Department must make significant changes to its proposed regulations before they are finalized. If it doesn’t, these regulations will be short-lived—either replaced by the next Republican administration, or successfully challenged in court.”