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What President Biden’s Executive Order Could Mean for Title IX

Title IX By Binnall Law Group - 2021/05/14 at 10:51am

Work With an Experienced Title IX Attorney

On March 8, 2021, President Joe Biden issued an executive order requiring that “all students be guaranteed an educational environment free from discrimination on the basis of sex.”  The executive order also required that the Department of Education review all existing regulations and guidance documents relating to Title IX, and in undertaking this comprehensive review, potentially change rules that are not congruent with the Biden-Harris administration’s overarching policy goals.

As of early April 2021, the Department of Education announced its plans to begin this comprehensive review.  But what can we expect going forward?  Legal pundits and other interested parties have been concerned and excited, depending on their opinion as to whether the current regulations are accomplishing their intended purpose of both protecting survivors and the due process rights of the accused.

Let’s take a closer look.

Last Year’s Rule Changes 

In 2020, the Trump Administration oversaw landmark changes in Title IX regulations, with modifications that narrowed the definition of sexual assault, limited the obligation of schools to only investigate complaints about conduct that occurred on-campus (or with links to the school’s programs/activities), allowing the accused to appeal, and allowing schools to implement stricter standards of evidence.

In essence, the 2020 rule changes were designed to protect the due process rights of the accused — and they empowered accused students, helping them navigate the Title IX process more effectively.

Expectations Moving Forward

Though the Biden-Harris administration is clearly interested in reverting some of the changes that were made under the Trump administration, it’s worth noting that these changes are unlikely to occur for at least a few years.  The changes that occurred under the Trump administration were subject to many years of public comments, and other laborious process requirements.

Further, the rules implemented in 2020 were not one-sided.  They were a compromise solution reached by many groups, from survivor advocates to due process rights advocates.  Any attempt to roll back these changes must also involve a compromise solution, which is unlikely to lead to a complete reversal.

Contact a Title IX Attorney at Harvey & Binnall, PLLC for Assistance

Harvey & Binnall, PLLC is a boutique litigation firm based in Alexandria, VA and serving clients throughout the DC metro region.

Our team has decades of experience representing clients in a range of litigation, including complex Title IX defense cases.  We understand the unique challenges facing Title IX defendants, and how important it is for the accused to not only avoid liability but to minimize their exposure to public scrutiny during the process.

Title IX rules (and enforcement) change on a regular basis and every school is different in how it implements said rules.  This can cause quite a bit of confusion, even for skilled attorneys.  As such, it’s critically important that you approach your case with caution, and with the guidance of a qualified Title IX attorney who understands how to navigate this complex web of Title IX regulations.

If you’d like to speak to an experienced Title IX attorney at Harvey & Binnall, we encourage you to call us at (703) 888-1943 or send us a message online to request a consultation at your earliest convenience.  We look forward to speaking with you