How Do the New Title IX Rules Protect LGBTQ+ On Campus
Surprisingly, many college students don’t know much about the historic civil rights law of Title IX. Now, in 2024, Title IX rules have added protections against harassment, assault, as well as LGBTQ+ discrimination. The changes in the law have also affected the ways in which educational institutes are now handling cases of sexual misconduct.
What Does Title IX Include Now?
Among the recent changes that have been made, the new regulations include sex discrimination based on gender identity and sexual orientation. You can also expect changes in the way educational institutes now conduct assault allegations, which have removed the requirement of cross-examination and in-person hearings.
However, the issues of transgender athletes are still being reviewed.
LGBTQ+ Community and Title IX
According to the latest changes made to the law, it is now illegal to specifically discriminate against LGBT students. You might be wondering whether or not this was the case before. Essentially, Title IX bars discrimination based on sex, including sexual orientation and gender identity.
These are the aspects of discrimination on the basis of sex. However, the added protection has essentially put the LGBTQ+ aspect into a formal regulation.
Investigations and Title IX
There have also been changes made regarding conducting investigations for Title IX cases. The case of sexual assault or misconduct on campus has been a huge issue for many years now. As a matter of fact, it has been a hot topic for decades.
No More Court-Like Procedures
Some time ago, the investigation of Title IX was a court-like procedure where there were separate investigators who were essentially different from the person who made the judgment. These changes were made while keeping in mind that the police might not be able to make biased decisions all the time.
Subsequently, the accused would get a cross-examination opportunity as well as a hearing. Essentially, there was a higher burden of proof involved regarding what exactly fell into the category of sexual discrimination or misconduct.
Education Institutes Have More Flexibility
Now, this system has essentially been revised to the point that schools are now given more flexibility where they don’t necessarily have to use the court-like hearings. Also, if the university, college, or school doesn’t want to conduct a cross-examination – they don’t need to. So, there is definitely more flexibility.
Now, there is also a broader definition of what sexual harassment actually is, so it would be easier for the accuser or the victim to prove the case.
Which Concerns Are Now Addressed under the Title IX Law?
With the slight tweaks and changes of the Title IX law, there are several concerns that are being addressed now but weren’t addressed before. For instance, from the viewpoint of potential sexual assault survivors, they were concerned about the mandatory cross-examination-type investigation.
Cross-Examination Is Traumatizing for Victims
Essentially, a cross-examination investigation is re-traumatizing for the victims of sexual assault on campus. However, naturally, people who are accused of sexual misconduct can say that cross-examination is necessary because this is exactly how you get to the truth.
Educational Institutes Are Uncomfortable Playing Court
It is important to mention here that universities or colleges themselves were not in favor of cross-examination, and they did not feel comfortable with doing the job of a court.
Also, in terms of the burden of proof and the difficulty of proving one’s case made educational institutes reconsider where they want the scales of justice to hang.
The Changes Have Enabled Victims to Prove their Case
The latest changes in Title IX regulations have essentially made it easier for the victims who are alleging that the incidents happened to prove that they did happen. On that note, if you are a victim of on-campus sexual assault or discrimination, you can get in touch with the Nationwide Title IX Lawyers and have a professional attorney by your side who will safeguard your rights and ensure your safety.
Nonetheless, the latest tweaks and changes in the Title IX rules have made it easier for the victims of sexual misconduct to prove their case without getting re-traumatized.
Title IX Protects Victims from Retaliation
Title IX also protects students from retaliation of different kinds, such as acts that are aimed against individual students, as well as more subtle kinds of behaviors that target students based on their participation in a Title IX proceeding.
It doesn’t matter whether you are someone who has filed the complaint as the victim of sexual misconduct or whether you are a witness or someone else who has participated in the investigation and the judicatory process – Title IX also protects you from potential retaliation.
On that note, if you are retaliated in any way – whether it is in an overt or covert way – the educational institution has an obligation to protect you from retaliation and to ensure that when retaliation does happen – the participants can also receive disciplinary measures.
What is the Potential Backlash on the New Title IX Rules?
The tweaks in the Title IX rules have instigated some backlash as well, with people saying that the new rules aim at redefining sex and gender in the USA. Typically, this argument is put forth by conservatives who do not accept the idea that you can change your gender.
The conservatives are essentially trying to say that the latest tweaks in the Title IX rules are a threat to women and girls. They don’t want someone who was a man showing up in the women’s locker room, for instance.
The conservatives, or the people who are speaking out against the latest changes, allege that the changes indicate something that they view as a radical position on gender. It is important to mention here that the new Title IX rules do not deal with the important issue of transgender athletes.
The underlying reason is that this transgender regulation is seen as a separate regulation that addresses sports.
Final Thoughts
The latest tweaks in the Title IX rules are essentially in favor of transgender and the LGBTQ+ community as it protects their rights and protects them from harassment. The changes, subsequently, also give more flexibility to educational institutions, which don’t have to follow rigid investigation processes anymore to make decisions.
