WASHINGTON, D.C.—Following the announcement on Monday that President Biden signed an executive order directing the Department of Education to review current Title IX regulations, Independent Women’s Forum (IWF) and Independent Women’s Law Center (IWLC) urged the Department to maintain due process protections.
The Title IX regulations, titled “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” were adopted last year to codify the obligation of schools to address claims of sexual misconduct and require them to handle complaints fairly and without bias.
Specifically, the regulations highlight the importance of supporting survivors with appropriate accommodations, including course adjustments, schedule changes, counseling, no-contact orders, dorm room reassignments, and/or leaves of absence. The regulations also mandate a presumption of innocence; require schools to notify accused students of the specific allegations against them in a timely manner; and allow both parties a meaningful opportunity to tell their version of events to an impartial arbiter.
Former Secretary of Education Betsy DeVos spearheaded the Department’s effort to adopt regulations in response to Obama-era policies that encouraged schools to abandon the presumption of innocence and stack the deck in favor of the accuser. As Vice President, Joe Biden was the Obama Administration’s point person on sexual misconduct.
Not surprisingly, Biden has been sharply critical of the regulations. As a candidate, Biden signaled he would take steps to repeal the regulations and restore the Obama-era policies that he helped create. Monday’s order requiring the Department of Education to review the regulations is the first step in that process.
Carrie Lukas, president of Independent Women’s Forum said, “Current Title IX regulations serve the interest of justice by making sure that all parties are treated fairly. They should be left intact.”
Jennifer C. Braceras, director of Independent Women’s Law Center, added, “Instead of rolling back due process, the government should focus instead on investigating whether colleges that receive federal money continue to employ Inquisition-like disciplinary systems that deny the accused any meaningful opportunity to tell his or her side of the story.”
Read more about Title IX and due process on campus HERE.
For more information, contact Meghan Agostinelli at [email protected].
Independent Women’s Forum is dedicated to developing and advancing policies that aren’t just well intended, but actually enhance people’s freedom, choices, and opportunities.
Independent Women’s Law Center advocates for equal opportunity, individual liberty, and respect for the American constitutional order.