Each time a new president takes office, their administration seeks to amend Title IX in ways that comport with their party's political leaning. The same is true of President Biden, but his administration's new Title IX policy has not been well received. In fact, state Attorneys General across the nation have joined together in an Opposition Letter regarding the president's Title IX policy.

Title IX Constitutional Issues

Critics of Biden's Title IX policy argue it would restrict free speech. The First Amendment right to free speech could be impinged upon if the definition of “sex” is expanded to include gender identity considerations. While the intention is to prohibit discrimination against someone based on their gender identity, the outcome of the proposed policy could mandate the use of someone's preferred pronouns. This means that a person could be held in violation of sex-based discrimination under Title IX if they don't use someone's preferred pronouns.

Another argument against the new Title IX policy involves the Fourteenth Amendment. The Fourteenth Amendment provides protections for Due Process, but under the new policy, these Due Process protections are weakened. The new policy allows investigators to deny the accused access to the evidence against students accused of sexual misconduct under Title IX. Every person deserves the opportunity to defend themselves when accused of sexual misconduct, and critics of the new policy argue this change goes too far.

Title IX Contradictions

In addition to the constitutional issues many criticize the new Biden Title IX policy of creating, there's also a lot of talk about whether the new policy acts in contradiction of itself. In utilizing Title IX to protect transgender students, some argue that the outcome puts biological women at a disadvantage in sports. Ironically, Title IX was promulgated in large part to protect women against sex-based discrimination. There are no easy answers when it comes to how Title IX should be implemented in discussions of gender identity. People will continue to disagree, which will continue to create ambiguity in the policy.

Speak to a Title IX Student Discipline Defense Attorney-Advisor

Title IX policy will continue to shift and change along with our political leanings. No one will ever be completely satisfied with the way Title IX is enforced, but the most important thing students and their parents can do when facing an accusation is to hire a defense advocate. Attorney Joseph D. Lento knows how important it is to stay completely informed of Title IX changes, so he can help the accused navigate their school's disciplinary process. Not only does Attorney Lento prioritize communicating the process with the accused, but he also understands that schools can have a hard time adapting to new policy changes, and this must be considered in negotiations and discussions. To learn how the Lento Law Firm can help you, call 888-535-3686 today, or contact us online.