The Biden administration's revisions to Title IX - a 1972 federal law prohibiting discrimination on the basis of sex in educational programs that receive federal funding - mark a notable departure from previous administration policies.
The updates, which took effect Thursday, modify or reverse several Trump-era regulations, and have led to mixed reactions from states since the draft rules were released in April.
Under the new rules, Title IX now explicitly includes protections against discrimination based on gender identity and sexual orientation. This particular provision has faced pushback from conservative groups and states, resulting in multiple lawsuits that have stalled the implementation of the revised regulations in over half the country.
In addition to broadening protections, the new guidance strengthens rights for victims of sexual misconduct and supports pregnant or parenting students.
Here's a breakdown of the major Title IX changes and what colleges and students need to know about the new rules:
What they do:
Broaden the scope of Title IX
The prohibition of sex discrimination and harassment now extends to include sexual orientation, gender identity and pregnancy. It also widens the range of sexual harassment complaints that schools are responsible for investigating.
Include transgender protections
Instances where transgender students are subjected to bullying and harassment or face unequal treatment could trigger an investigation by the Office for Civil Rights. This could include incidents in which students are referred to by their incorrect names or pronouns.
Clarify pregnancy protections
The update enhances protections for college students, employees and applicants against discrimination based on pregnancy and related conditions.
Allow a lower burden of proof
In a departure from Trump-era rules that required a higher burden of proof in sexual harassment cases, the new guidelines allow schools to use the "preponderance of evidence" standard, a lower burden of proof, to determine whether misconduct occurred.
What they don't do:
Offer protections for transgender student athletes
The Biden administration avoided determining whether transgender students should be allowed to play in school sports teams corresponding to their gender identity. The new regulations do not apply to single-sex living facilities or sports teams.
Mandate in-person hearings
Under the Trump administration, students accused of misconduct were required to participate in live hearings, where they could directly question their accusers in a court-like setting. Biden's new rules still permit the hearings, but do not mandate them.
Apply to all states
The Trump administration's Title IX regulations will remain in effect in more than two dozen states. The new rules, particularly those expanding protections for gender identity, are being blocked by legal challenges in Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia and Wyoming.
