Press Release: Biden’s Proposed Title IX Rule Guts Campus Due Process and Imposes Gender Ideology

Due Process Basics on Biden’s Chopping Block

National Association of Scholars

New York, NY; June 24, 2022 — Yesterday the Biden Administration released its new proposed Title IX rule essentially gutting due process and reversing reforms made by former Education Secretary Betsy DeVos and championed by the National Association of Scholars (NAS). The new rule would remove requirements for both live hearings and cross-examination in college-level sex-related cases. The Biden Administration’s Department of Education is also using the new Rule to redefine “sex” to include sexual orientation and gender ideology.

“The Biden Administration’s new proposed Title IX Rule goes beyond administrative overreach and into lawlessness,” said NAS Policy Director Teresa Manning, "by removing fair hearings from campus sexual misconduct cases and by redefining ‘sex’ to impose gender ideology on America. Citizens never agreed to this. Congress could have amended the law if this was its intended policy. America will not stand for fake law imposed by federal bureaucrats.”

Title IX was designed to remove impediments to women entering colleges and universities and protect women from sex-based discrimination in higher education. The last two Democratic administrations have sought to redefine the law to subvert legislative intent and advance party priorities.

After the Obama Administration used the infamous “Dear Colleague” letters to create extra-regulatory kangaroo courts on campuses, students, parents, and professors sought to formally reform Title IX using established rulemaking procedures. Out of this process came the DeVos Rule in 2020. That rule attempted to reclaim Title IX from campus radicals, establish formal and known procedures, and create due process protections for the accused and their accusers. Both federal and state courts have upheld these reforms even after dozens of lawsuits sought to roll back the reform.

Manning continued: “The new Biden Rule would reverse those hard-fought reforms. As I documented in my report on Obama-era Title IX practice, almost no Title IX administrators have legal experience. Worse, I found that Title IX staff were ideologically motivated. The proposed Rule gives more power to these ideologues and less protection to accused students. We look forward to submitting formal comments and encouraging the Department of Education to ensure due process protections.”

NAS is a network of scholars and citizens united by a commitment to academic freedom, disinterested scholarship, and excellence in American higher education. Membership in NAS is open to all who share a commitment to these broad principles. NAS publishes a journal and has state and regional affiliates. Visit NAS at www.nas.org.

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If you would like more information about this issue, please contact Teresa Manning at [email protected]


Image: Tingey Injury Law Firm, Public Domain

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