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On Friday, April 19, 2024 the Biden Administration issued its Title IX guidance and policy that will force school districts to investigate any and all sexual harassment complaints, even those that occur off school grounds. The ruling extends protections to LGBTQ students. The policy will go into effect in August 2024.
Key parts of the ruling are:
This policy will also require that Title IX Coordinators investigators, et al. may not have a conflict of interest or bias for or against complainant students.
According to the chair of House Education committee the ruling " undermines existing due process rights, placing students and institutions in legal jeopardy and again undermining the protections Title IX is intended to provide." She also stated that the inclusion of transgender students rolls back protections for women.
What is missing from this policy is the proposed rule concerning trans students' participation in sports. In 2023 the proposed rule would have addressed the controversial issue. However, the possibility elicited hundreds of thousands of comments from the public. Some claim that the unpopularity of this part of the law has caused the administration to push its implementation to after the 2024 election. The rules published today will take effect in August 2024.
However, a ruling by the U.S. Court of Appeals for the Fourth Circuit blocking West Virginia's law banning a trans student from participating on a team consistent with their gender identify rather than biological designation may force the issue. West Virginia Attorney General Patrick Morrissey will appeal the ruling.
The draft of the ruling from the Biden Administration tries compromise on the issue by not including blanket approval for all trans students to participate on teams consistent with their gender identity by allowing high schools and colleges to ban trans participation under certain parameters. However, at the elementary and middle school level, this would be illegal.
Even without the sports ruling, schools will have to scramble to ensure their staff and policies are in alignment with the ruling, including training and possibly hiring additional staff.
There is no doubt that this action will be challenged legally and that lawsuits are no doubt already in the works. Max Eden, who is a research fellow at the American Enterprise Institute, expects "lawsuits from state attorneys general within days, or at longest, weeks." He also pointed out that the ruling may be a violation of free speech if a teacher refuses to use a preferred pronoun or if someone is accused of "misgendering" a trans person and that is interpreted as discrimination.
One thing is clear, the Biden Administration is determined pander to certain advocacy groups and cloud the waters of gender identity while denying citizens their rights under the U.S. Constitution.
Maryland Legislators Betray Female Athletes - Easton Gazette
Tell The Department Of Education To Stop Its Radical Title IX Plan - Easton Gazette
Other Sources:
Opinion: Biden’s Title IX rule adds discrimination against women through the backdoor | Fox News
Finalized Biden Title IX regulations add protections for transgender students | The Hill
