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THE FACTS: Why Changes to Title IX Regulations Is Needed to Protect LGBTQ Students and Survivors of Sexual Assault from Discrimination

the facts

Under the Trump administration, the Department of Education has initiated a series of controversial and discriminatory regulatory changes to Title IX — the federal civil rights law that protects students from discrimination in federally funded educational activities and programs — dismantling long-standing protections and opening the door to gender discrimination against LGBTQ students.

  • As part of these changes, the requirements that federally funded schools report sexual assault have been relaxed and dismantled—creating more obstacles for sexual assault survivors to seek justice, while granting more rights to alleged perpetrators of sexual violence.
  • The Trump administration aims to turn back the clock to a time when our schools swept rape, sexual assault and harassment under the rug — and the changes have flagrantly ignored sexual violence survivors by letting schools escape their obligations under Title IX.
  • These changes also threatened LGBTI students and women, who face disproportionately high rates of gender discrimination and stigma that can make it difficult for LGBTI survivors to report sexual assault and harassment.
    • Studies show that nearly half of bisexual women They were raped and half transgender They will experience sexual violence at some point in their lives. according to Young people’s risky behavior survey, a national survey of high school students, lesbian and bisexual women, and gay and bisexual men experienced higher rates of sexual assault than their direct counterparts. In addition, a Study 2015 by the Association of American Universities found that 60 percent of gay and lesbian students and nearly 70 percent of bisexual students reported experiencing sexual harassment on campus.
  • The Department of Education also ruled that a Connecticut policy allowing transgender athletes to compete in sports that matches their gender identity is a violation of Section IX — the department’s first public incident claiming that transgender inclusion violates Law IX.
  • The Trump administration’s changes to Title IX have also made it easier for religious schools to avoid publicly disclosing whether they plan to seek a Title IX exemption, and to keep students and parents confused about whether the school intends to follow the federal anti-discrimination law.

In March, President Biden issued Executive Order 14021 To begin the process of rolling back the Trump administration’s harmful actions that undermine Title IX and protections for LGBTQ students.

  • The executive order directed the federal government to ensure that federally funded educational facilities and environments are free from sexual harassment, sexual violence, and discrimination based on gender, sexual orientation, and gender identity.
  • Given the discrimination and harassment that LGBTQ students regularly experience in schools and the current wave of harmful state legislation targeting LGBTQ students, this action was an important step toward promoting more inclusive and safer schools for all.

Under President Biden’s direction, the Department of Education is now conducting a comprehensive review of Title IX regulations to address the discriminatory changes made by the Trump administration and ensure that LGBT students are able to learn and grow in environments free of harassment and discrimination.

  • The review includes gathering public comment to identify changes to the section’s Section IX guidelines and any relevant agency actions that may be necessary to fulfill the executive order and President Biden’s commitment to ensuring equal and non-discriminatory access to education for students at all educational levels.

The Human Rights Campaign commends President Biden for taking action to protect LGBT students and strongly supports new regulations in the Department of Education to address the Trump administration’s Title IX changes to ensure sexual orientation and gender identity are covered by provisions of the law that prohibit discrimination.

  • The Biden administration has already taken steps to fight for LGBT equality in our country, and this executive order and rule-making process is just the latest example of the president’s commitment to ensuring full equality for all Americans.
  • The Department of Justice in the Biden administration also recently clarified Title IX prohibits discrimination based on gender identity and sexual orientation in federally funded educational institutions—paving the way for strong enforcement by the Department of Education to prevent and combat such discrimination.
  • No transgender child should be denied access to the toilet consistent with their gender identity, denied the opportunity to update their name or pronouns in school systems, or face unequal enforcement of dress and grooming rules – however these and other instances of discrimination are common in schools nationally.
  • with up to One in six young people identifies as LGBTQIt is critical for the Department of Education to make clear that Act Nine stands with all LGBTQ students.

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