Do the Department of Education's new rule changes to Title IX serve to broaden civil rights among students in universities? Many experts argue the answer to this question is a resounding “No.” Not only do these experts argue the new rules are ineffective, but they also feel the new rules do more harm than good. In some critical ways, the new rules undo the progress Title IX has accomplished in 50 years.
Title IX is a federal law designed to protect individuals in public schools from discrimination on the basis of sex. In the half century since the law's promulgation, administrations have sought to influence its application in schools. The result has been an ever-changing landscape through which universities and students must navigate. The 2020 administration change proved no different, and as the Biden administration took over, new Title IX rules were proposed.
What the DOJ Intends to Accomplish With its New Title IX Rules
One significant change the DOJ recently made to the Title IX rules was to expand the definition of sex-based discrimination to include discrimination on the basis of:
- Sex stereotypes
- Sex-related characteristics
- Pregnancy
- Conditions related to pregnancy
- Sexual orientation
- Gender identity
The intention behind the rule change is admirable in many ways, and it's easy to see how the administration wishes to prevent certain traumas and discriminations against students from all walks of life, but the fact remains that opening the doors too wide might let predators in.
How the New Title IX Rules Could Harm Students
In addition to other concerns, critics of this new rule predict that the expanded definition of sex-based discrimination will lead to scenarios where bathrooms, locker rooms, and other facilities or programs become universally more dangerous for girls and women.
Another big issue with broadening the definition of sex-based discrimination is that lawmakers have lost sight of who Title IX is meant to protect. Historically, Title IX has been used to prevent sexual discrimination or violence against women, and it's been largely successful in this objective. Many opponents wonder why the DOJ now wants to fix something that doesn't seem to be broken. Critically, these changes may even serve to undo the protections for women.
Call an Experienced Title IX Attorney-Advisor Today
The speed at which new administrations seek to reverse predecessor rules can leave everyday citizens with whiplash. The DOJ frequently puts Title IX at the top of its priorities, and if there's one thing students and parents can count on, it's that the rules will keep changing. If you or someone you love has an issue with Title IX interpretation at your school or university, you need to speak with an experienced Title IX advisor right away. Attorney-advisor Joseph D. Lento and the Lento Law Firm Student Defense Team have unparalleled experience advising students and their parents on Title IX issues across the nation. To learn more, call 888-535-3686 or contact us online.
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