In a first step to reverse a controversial policy implemented during his predecessor’s presidency, US President Joe Bien ordered his administration on Monday to review federal regulations guiding universities in handling sexual abuse cases that occurred on their campuses.
In an executive order, Biden instructed the Department of Education to review the rules enacted by former President Donald Trump’s administration around Title IX, the federal law prohibiting gender-based discrimination in education. The president noted that the agency “should consider suspending, reviewing or repealing any policy that does not protect students.”
The president also signed a second executive order establishing the White House Gender Policy Council, announced by his transition team before taking office.
“It is the policy of this government that every individual, every student, deserves a fair education, free from sexual assault, and that all concerned have access to a fair trial,” said Jennifer Klein, co-chair and CEO of the Gender Policy Council. reporters at a conference at the White House.
The warrants were issued ahead of Biden’s speech later Monday on the occasion of International Women’s Day, a global event that marks women’s achievements.
Biden was expected to take both measures after focusing on gender equality during his campaign and previously vowing to put an “immediate” end to the rules suspended by former education secretary Betsy DeVos last year.
The policies implemented by DeVos brought major changes to the way universities respond to sexual harassment and abuse, with provisions that increased the rights of the defendants and reduced the number of cases that schools had to address. The move was seen as a 180-degree turn from former President Barack Obama’s guidelines, which aimed to protect victims of sexual misconduct.
Among other things, DeVos regulations lowered the definition of sexual harassment and legal liability of universities investigating allegations of sexual misconduct, and gave accused students the right to question their accusers through a representative during on-campus hearings.
Biden’s warrant for a policy review was praised by civil rights groups, who noted that the DeVos policy has had a chilling effect on reports of sexual abuse, as well as by universities, who said the rules are excessively prescriptive and tricky to follow.
“This is an important step,” said Shiwali Patel, senior attorney at the National Center for Women’s Law. “The changes to Title IX regulations implemented during the Trump administration are extremely damaging and remain in effect,” he added.
While the order entails the possibility of a major policy change, it is unlikely to happen any time soon. Any attempt to rewrite the DeVos rules would have to go through a federal regulatory process that could take years. For example, it took DeVos three years to reverse the guidelines implemented by Obama and complete his own rules.
Meanwhile, Republicans lashed out at Biden’s action, defending the DeVos rules.