Biden order could change how colleges handle sex misconduct

In a first step toward reversing a contentious Trump administration policy, President Joe Biden on Monday ordered his administration to review federal rules guiding colleges in their handling of campus sexual assaults.

In an executive order, Biden directed the Education Department to examine rules that the Trump administration issued around Title IX, the federal law that forbids sex discrimination in education. Biden directed the agency to “consider suspending, revising or rescinding” any policies that fail to protect students.

Biden also signed a second executive order formally establishing the White House Gender Policy Council, which his transition team had announced before he took office.

“The policy of this administration is that every individual, every student is entitled to a fair education — free of sexual violence — and that all involved have access to a fair process,” Jennifer Klein, co-chair and executive director of the Gender Policy Council, told reporters at a White House briefing.

The orders were issued on International Women’s Day, a global celebration marking the achievements of women.

Both measures had been expected from Biden, who focused on gender equity during his campaign and previously promised to put an “immediate” end to rules that were finalized last year by former Education Secretary Betsy DeVos.

DeVos’ policy made sweeping changes to the way colleges respond to sexual harassment and assault, with provisions that bolster the rights of the accused and narrow the scope of cases schools are required to address. It was seen as a swing away from Obama-era guidance that focused on protecting victims of sexual misconduct.

Among other changes, DeVos’ rules narrowed the definition of sexual harassment, reduced the legal liability of colleges investigating sexual misconduct claims, and gave accused students the right to cross-examine their accusers through a representative at live campus hearings.

Biden’s order for a review drew praise from civil rights groups that say DeVos’ policy has had a chilling effect on the reporting of sexual assaults, and also from colleges that say the rules are overly prescriptive and burdensome to follow.