In early May 2022, the Department of Education stated that modifications to the Trump administration's Title IX rules on gender identity and campus sexual misconduct would be extended past the Biden deadline of April 2022. They are working on altering the rules to provide equal access and protect students against discrimination and sexual violence. They hope that the delay will make sure the Department of Education is capable of making thoughtful and appropriate revisions.

The Meaning of Gender Identity

The original deadline was April, and experts held tight to that deadline despite the fact that meetings stretched into mid-May. A former Trump education lawyer said the delay was because bureaucrats were still debating gender ideology. In 2018, a Department of Education spokesperson clarified that Title IX prohibits discrimination on the basis of sex, not gender identity. This clarification means that transgender students would be denied access to Title IX recourse after experiencing an act of sexual violence or another type of discrimination based on sex.

The Biden administration is attempting to overhaul this explanation and extend federal protections to more vulnerable students. In fact, they are attempting to codify the safeguards for LGBTQ+ students, which would bring a greater level of legal certainty to the Title IX rule – meaning it would be harder for legislators to rally against it. Some conservative parent groups, though, feel that the overhaul would erode due process for students accused of misconduct. The hope is that a middle ground will be found, where LGBTQ+ students are protected, but students accused of committing Title IX violations or other acts of sexual misconduct will still be considered innocent until proven guilty.

How an Attorney Advisor Can Help

If you have been accused of committing a Title IX violation or another act of sexual misconduct, you might be wondering how to defend yourself. As of now, there are specific due process rights afforded to accused students, including the right to be heard fully in front of a disciplinary committee at the higher education level and access to an attorney as your advisor at all levels of school (K - 12 and post-secondary). An experienced Title IX attorney can help accused students navigate the complexities of an investigation, hearing proceedings, including how to create and present a defense, and helping appeal if a defense is unsuccessful.

Attorney Joseph D. Lento and the Lento Law Firm have spent years working with students across the United States who have found themselves in a similar situation. Attorney Lento and his expert Title IX defense team will work tirelessly to gather evidence, question witnesses, and create a strategic defense that will guarantee you the best possible outcome for your case. Title IX accusations and adjudications can have long-lasting consequences. Attorney Lento and his team will fight to prevent you from experiencing such negative consequences.

Call 888-535-3686 today to schedule a consultation. You do not need to weather this storm alone. The Lento Law Firm can help.