Biden order could change how colleges handle sex misconduct

By AAMER MADHANI
March 8, 2021

WASHINGTON (AP) — President Joe Biden is set to sign an executive order on Monday directing the Department of Education to review policies implemented by Donald Trump’s administration, including changes to Title IX regulations that prohibit sex discrimination in federally funded institutions, according to administration officials.

Biden focused on gender equity during his campaign and promised to strengthen Title IX if he won the White House. He also will sign a second executive order formally establishing the White House Gender Policy Council, according to two administration officials who briefed reporters on the plan. Biden’s transition team announced his plans to create the council before he took office.

The order directing the review of Title IX could pave the way to a major shift in how colleges handle allegations of sexual misconduct moving forward.

Trump’s education secretary, Betsy DeVos, in 2018 rescinded an Obama-era administration standard in cases of reported sexual assault from requiring a “preponderance of evidence” — meaning it is more likely than not that sexual harassment or violence occurred — to “clear and convincing evidence.”

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