Federal Title IX regulations tend to sway with prevailing political winds. Despite being an umbrella policy for many student civil rights, significant alterations have caused a national divide on how schools approach gender-based misconduct and protecting accused students in the process. If your student is at risk of their school's changing Title IX regulations, call the Lento Law Firm Student Defense Team at 888-535-3686 or fill out our consultation form now.
Kansas Title IX Injunction
Following an injunction from a Kansas federal district court, complaints have mounted in light of the U.S. Department of Education's rules changes. On August 1, 2024, the Biden Administration introduced significant adjustments, among which are the following:
- Broadened the definition of sexual harassment to encompass "severe or pervasive" that is "severe or pervasive" conduct.
- Expanded protections for LGBTQ+ students by including gender identity under Title IX.
- Gave schools the choice to use a "preponderance of the evidence" or "clear and convincing evidence" standards in cases.
- Struck down requirements for in-person cross-examinations during live hearings. Additionally, the regulations now formally include protections for LGBTQ+ students by expanding the definition of "sex" to cover gender identity.
More than two dozen states and hundreds of school districts across the country have joined in the attempt to strike down the updates. In those states and schools, the former Title IX guidelines instituted during the Trump Administration remain in effect. Unfortunately, mixed policies have left school officials inundated with confusion, and many students are worried about protections under the law.
Student Protections Remain in Limbo
LGBTQ+ advocates contend that in school districts aligning with the previous Title IX rules, there is a risk of creating an atmosphere conducive to bullying and harassment. With a narrower scope of the law, they believe it deprives some students of their civil rights.
The states and schools against the federal government's new Title IX policies assert that their challenge "doesn't erase the obligation of school board members to create a safe learning environment for students." Nevertheless, risks for students still remain as districts—sometimes adjacent ones—follow two different codes. False accusations can plague a student's future, which is now subject to local interpretation.
How Can the Lento Law Firm Help?
The Lento Law Firm Student Defense Team is well-versed in what the federal government requires of state education agencies and local school districts, including the rights of students they must protect. Regardless of whether a state or school upholds or challenges the federal Title IX updates, students should understand they have a steadfast ally in a team adept in student discipline matters.
No student should go to school fearing the potential for bullying and harassment or how their schools may treat false accusations. When allegations of Title IX misconduct arise, call the Lento Law Firm Student Defense Team at 888-535-3686 or fill out our confidential consultation form, and we will reach out to you.
Comments
There are no comments for this post. Be the first and Add your Comment below.
Leave a Comment
Comments have been disabled.