Biden’s new Title IX rules protect LGBTQ+ students, but transgender sports rule still on hold

Politics FILE - Demonstrators advocating for transgender rights and healthcare stand outside of the Ohio Statehouse on Jan. 24, 2024, in Columbus, Ohio. The rights of LGBTQ+ students will be protected by federal law and victims of campus sexual assault will gain new safeguards under rules finalized Friday, April19, 2024, by the Biden administration. Notably absent from Bidens policy, however, is any mention of transgender athletes.

Instead, Biden is officially undoing sexual assault rules put in place by his predecessor and current election-year opponent, former President Donald Trump. The final policy drew praise from victims' advocates, while Republicans said it erodes the rights of accused students. Many Republicans say Congress never intended such protections under Title IX. A federal judge previously blocked Biden administration guidance to the same effect after 20 Republican-led states

Chief among the changes is a wider definition of sexual harassment. Schools now must address any unwelcome sex-based conduct that is so “severe or pervasive” that it limits a student's equal access to an education. Live hearings are allowed under the Biden rules, but they're optional and carry new limits. Students must be able to participate from hearings remotely, for example, and schools must bar questions that are “unclear or harassing.”

Despite the focus on safeguards for victims, the new rules preserve certain protections for accused students.

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