Today, the U.S. Department of Education announced it is permanently bringing back the Title IX rule on sexual harassment and assault from President Trump’s first term. That rule narrowed when schools must respond to harassment and requires college survivors to face cross-examination at live hearings. The Department made the change without asking for public input, and it is promoting the move as proof that Title IX does not protect transgender students. The rule is expected to be published in the Federal Register tomorrow.
Nicholas Hite, Senior Attorney and McDonald/Wright Distinguished Counsel at Lambda Legal issued the following statement:
“Lambda Legal has long called this what it is: a dangerous, legally unsound, and despicably cruel weaponization of Title IX, and we oppose its return today. Title IX exists so every student can learn free from harassment and assault. Yet this rule from the Trump administration lets schools look away until harm becomes severe and pervasive, and forces survivors through re-traumatizing courtroom-style cross-examination just to be heard. Those barriers fall hardest on students who are already targeted, including transgender students, whom this administration has chosen to single out rather than protect. Survivors deserve schools that take their safety seriously, whoever they are. Schools must be places where every student can learn and thrive free of harassment, discrimination, and abuse.”