After months of delay, the Biden administration’s official revisions to Title IX statute has gone into effect in 24 states across the country, including Pennsylvania.
Title IX, a set of amendments laid out by the U.S. Department of Education (DOE), was first introduced in 1972. It’s purpose is relatively simple: to protect any student attending a school funded in part or in whole by the government from gender-based discrimination.
The reforms, which were officially instated on August 1, 2024, dramatically change how Title IX procedures will be handled at both Bryn Mawr and Haverford College. The two schools share a single Title IX office.
The revisions include more concrete protection for L.G.B.T.Q.+ students, most notably transgender athletes.
The changes have been met with significant pushback from conservative lawmakers across the nation: in 26 states, the changes have yet to be fully enforced as they face mounting lawsuits from those who argue that transgender women should not be permitted to participate in women’s sports.
But Biden’s reforms also reverse much of what President Donald Trump and former Education Secretary Betsy DeVos established in 2017, including the controversial provision which allowed for a live cross-examination during trials and required high standards of proof from complainants.
Below are the key changes to be aware of as Bryn Mawr and Haverford students for the upcoming Fall semester.
Complainant: The student who brings forth the accusation.
Respondent: The student accused of violating Title IX.
Protect against all sex-based harassment and discrimination
The Biden administration’s new definition of gender-based misconduct is broader than it was previously, stating that “sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity” all fall under Title IX provisions.
Previous Title IX statute had a strict definition of what would qualify as a sufficient violation. Complainants would need to prove that the action they were reporting was “severe, pervasive, and objectively offensive.” The new regulation states that the action only needs to be sufficiently severe or pervasive, lowering complainants’ burden of proof.
The new regulation also protects students against harassment or assault which occurs outside of the perimeters of the campus itself. Previous regulations stated that colleges only were required to respond to violations which were within their “jurisdiction,” leaving students who experienced harassment or assault in off-campus locations less protected.
Promote accountability and fairness
The Biden administration has established equal standards of proof for all accusations of misconduct. Under Trump, students alleging sexual misconduct would be put under intense scrutiny throughout the investigative process, far more than students alleging non-sexual misconduct like theft or physical assault. Now, students alleging sexual assault face the same standards of proof.
Educational institutions like Bryn Mawr and Haverford now have stricter guidelines to ensure that an investigation is fair and equal.
Many of these revisions are simply expansions on already established policies, so while they may not result in a noticeable change in how procedures are conducted, there is now more insurance for students that their institution will be held accountable should their rights be violated, specifically in the instance that an investigator or coordinator holds an unfair bias towards any one student, complainant or respondent.
Empower and support students and families
Educational institutions must now protect students from retaliation after investigations have closed, and throughout the investigation process.
The added provision further clarifies that an investigation must be speedy, putting pressure on administrations to complete the full Title IX process smoothly.
And, finally, there is no longer the requirement of a live cross examination of witness. In simpler terms, this means that should a respondent want to question the complainant, the complainant has the ability to use alternative means to answer, like sitting in separate rooms with a microphone to speak.
