Washington – Schools and universities that respond to complaints of sexual misconduct have to return to the policy established during the first term of President Donald Trump, with requirements for live hearings and more protection for accused students, according to new guidance issued by the educational department on Friday.
In a memo for educational institutions throughout the country, the agency clarified that Title IXA 1972 law that retains discrimination on the basis of sex will be maintained according to a series of rules created by former educational secretary Betsy Devos. The rules determine how complaints of misconduct are investigated and how they can arrange cases in which students present different bills.
Colleges have already returned to the Devos’ 2020 rules since a federal judge in Kentucky in recent weeks overwilled The title IX rules of the Biden administration. The decision of the court effectively ordered a return to the earlier rules for Trump administration.
A statement from the Education Department called Biden’s rules a “gross class for women and girls.”
“Under the Trump administration, the educational department for all Americans, including women and girls, will defend equal opportunities by protecting their right to safe and individual facilities and activities at schools, colleges and universities,” said Acting Assistant Secretary for Civil Rights Craig Trainer.
The Biden administration has tried Revise the rules And expand title IX to protect LGBTQ+ students. It expanded the type of behavior that is considered sexual harassment – a reversal of the DEVOS policy, which used a narrower definition.
But a federal judge in Kentucky destroyed the Biden rule on January 9 and said it was a presidential switch and violated the rights of constitutional freedom by telling schools to honor the preferred proposals of students. The judge, American district judge Danny C. Reeves, said there was nothing in title IX that suggests that it should cover something more than when the congress created it.
Even before the decision, the rule of Biden had stopped in half of the states in the midst of legal challenges of Republicans.
The full text of the title IX -Act is only 37 words long, but the federal government has added rules over the years to explain how it is interpreted. The policy of Devos adds 500 pages that describe how schools should tackle complaints and how the educational department ensures that schools meet.
Trump’s administration has already made a hard turn of the enforcement of Title IX: On Tuesday the education department said it is one Research into Denver -Scholen After the district had converted a girl’s toilet into a toilet for an all-gender and left another bathroom for boys.
The new memo says that even investigations that started when the rules of Biden were in force “should be repeated immediately to fully compare with the requirements of the title IX rule 2020.”
Devos’ rules were welcomed by lawyers who said that colleges had become too fast to punish students accused of sexual misconduct without a fair trial. But the rules were convicted by the rights groups of the victims who said they have taken back victims and prevented many from reporting attacks.
One of the most controversial changes was a rule where colleges would keep live hearings in which accused students could investigate their accusers by a consultant. The BIDEN rule eliminated the requirement and made live hearings optional, although some courts had previously confirmed the right of an accused student on cross research.
More generally, the policy of 2020 has limited the definition of sexual harassment and the scope of cases that schools should tackle. It also reduced liability for colleges and only held them responsible if they traded with ‘intentional indifference’.
Trump’s new choice for educational secretary is Linda McMahonAn old Trump fellow who is known for building the World Wrestling Entertainment Professional Wrestling Empire with her husband, Vince McMahon. Her hearing of the Senate still has to be planned.
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