Biden’s order could change how colleges handle sex misconduct

Published on
March 8, 2021

(Excerpts from Associated Press)

  • In an executive order signed Monday morning, Biden directed the Department of Education to review policies implemented by Donald Trump’s administration, including changes to Title IX regulations that prohibit sex discrimination in federally-funded institutions.
  • Biden directed the agency to review all policies “that are or may be inconsistent” with the objective to prevent sex discrimination in education.
  • The order directing the review of Title IX could pave the way to a major shift in how colleges handle allegations of sexual misconduct moving forward.
  • The DeVos changes reduced the liability of colleges and universities for investigating sexual misconduct claims and bolstered the due process rights of the accused, including the right to cross-examine their accusers through a third-party advocate at campus hearings.
  • While the new council is a resurrection of the Obama-era one, one administration official said that giving it a new name was acknowledgement that inequities can affect people of all genders. Still, the official said the council will primarily focus on issues facing women and girls because of “disproportionate barriers” they face.
  • The new council is tasked with helping push gender equity on the administration’s domestic and foreign policy efforts. Some of the issues the council will focus on include combating sexual harassment, addressing structural barriers to women’s participation in the workforce, decreasing gender wage and wealth gaps, addressing caregiving issues that have disproportionately impacted women and responding to gender-based violence.