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Trump Orders Schools to Ease Sex Assault Rules

The new Title IX rules will provide more protections for those accused of sexual misconduct, and eliminate LGBT protections adopted under Biden.

Donald Trump rammed through new Title IX rules for federally funded K-12 schools and colleges Friday—dramatically changing how they deal with sex assault claims and LGBT students.

It was the latest in his sweeping executive actions, and reshapes how educators have to interpret Title IX, which prohibits sex discrimination in federally funded educational programs.

The new policy, announced on Friday, resuscitates the Title IX policy changes Trump implemented in 2018 during his first term. It reduces the liability placed on schools in sexual misconduct cases. It also requires live hearings and cross-examinations, and allows lawyers to be present at those hearings.

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The Biden administration extended sex discrimination protections under Title IX to include sexual orientation and gender identity.

Trump informed educational institutions that his administration would no longer enforce those protections. This followed a Kentucky judge’s decision in January that ruled Biden-era trans protections unconstitutional.

Trump’s order included language to justify his decision not to utilize the traditional and protracted process to make new rules. The letter stated, “the president’s interpretation of the law governs because he alone controls and supervises subordinate officers” in the Department of Education’s Office of Civil Rights, which enforces the rules.

Title IX, which was established in 1972, has been celebrated for propping up women’s sports, eliminating sex-based bans on college admissions at federally funded schools, and working to end sex discrimination on campus.

Some have been highly critical of new interpretations of the law that began during the Obama administration. They argue those new Title IX rules resulted in the creation of “trigger warnings,” “safe spaces,” and investigations that undermined free speech and academic freedom on campus.

Tyler Coward, a lead counsel at the Foundation for Individual Rights and Expression, a civil liberties group, celebrated Trump’s ruling, saying it “ensures that all students—whether they are the accused or the accuser—will receive fair treatment and important procedural safeguards.”

Emma Grasso Levine, a Know Your IX senior manager, described the decision as “incredibly disappointing” and claimed it “will leave many survivors of sexual violence, LGBTQ+ students, and pregnant and parenting students without” vital accommodations.

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