In a significant move to protect the rights of LGBTQ students and address allegations of sexual assault and misconduct, the Biden administration has released updated rules under Title IX. The long-awaited changes, which aim to reverse Trump-era regulations that were criticized for silencing survivors, are expected to go into effect on August 1st.

Under the newly announced rules, schools will no longer be required to conduct in-person court-like proceedings for allegations of sexual assault, including the cross-examination of victims. This rollback of the Trump administration's protections for accused students is seen as a positive step by victims' advocates who argue that it will prevent retraumatization and discourage reporting. Instead, schools will have the flexibility to question witnesses in live hearings or separate meetings, with alleged victims having the right to attend remotely.

Furthermore, the Biden administration has expanded the definition of sexual harassment, broadening the scope of what cases may qualify as serious enough to warrant a school investigation. This reversal of the previous "objectively offensive" standard set by the Trump administration is seen as a significant step towards addressing sexual harassment more effectively within educational institutions.

One of the most contentious aspects of the new rules is the broadening interpretation of Title IX to cover pregnant, gay, and transgender students. This means that it could be considered a violation if schools refuse to use the pronouns that correspond with a student's gender identity. This expansion of protection is seen as a crucial move towards promoting inclusivity and safeguarding the rights of marginalized students.

Education Secretary, Miguel Cardona, emphasized the significance of creating educational environments that embrace and celebrate diversity. "Our nation's educational institutions should be places where we not only accept differences but celebrate them. Places that root out hate and promote inclusion, not just because it's the right thing to do, but because our systems and institutions are richer for it," said Cardona.

While the new regulations have drawn praise from advocates who have long fought for greater protection and support for survivors, they have also faced criticism from those who believe they violate due process rights for accused students. The Foundation for Individual Rights and Expression, for example, has raised concerns about the removal of procedural protections and the potential threat to expressive rights due to the expanded definition of sexual harassment.

Though the updated rules do not address the controversial issue of transgender athletes competing on women's and girls' teams, officials have indicated that a separate rule specifically addressing this matter is still in development.

Overall, the Biden administration's release of these new rules represents a significant step in the ongoing effort to create safer and more inclusive educational environments for students. While opinions on the changes remain divided, the regulations aim to strike a balance between protecting the rights of survivors and ensuring due process for all parties involved.