President Biden Will Revisit Trump Rules on Campus Sexual Assault

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Victims’ rights advocates said the chilling effect they had feared from the DeVos guidance had borne out, even during the pandemic, when colleges have struggled to carry out the cumbersome and costly rules.

Sage Carson, the manager of Know Your IX, a survivor advocacy group, said that since the rules took effect in August, victims had reached out to the organization either confused about their rights under the new regulation or concerned that their schools were weaponizing it. The group has called on the Biden administration to write a new rule, issue new guidance and conduct a listening tour.

“We’re really seeing it used as a way for schools to confuse and manipulate survivors, which is really what we’ve seen for decades,” Ms. Carson said of the DeVos rules. “Now it’s this really scary process on the books, and it gives the schools a way to say, ‘Do you really want to go through this?’”

The Biden administration’s decision to review Title IX policies also comes as states around the country introduce their own legislation to bar transgender female athletes from competing on sports teams that do not match their biological sex at birth. Gov. Tate Reeves of Mississippi, a Republican, said last week that he would sign a bill barring transgender athletes from girls’ or women’s sports teams. A similar law enacted last year in Idaho has met legal challenges.

Mr. Melnick, the politics professor, said the Trump administration had revoked the Obama-era guidance on the rights of transgender students but had not issued a regulation.

“The Biden administration could simply reinstate the previous policy,” Mr. Melnick said, “which is that in anything that is sex segregated, schools should use gender identification.”

The administration in February retracted its support for a Trump-era lawsuit seeking to block transgender students from participating in girls’ high school sports. The Education Department’s Office for Civil Rights also reversed the Trump administration’s decision to withhold federal funding from schools in Connecticut, Dr. Cardona’s home state, that allowed transgender girls and women to compete on sports teams with biological girls and women.

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