US education department reverts to Trump-era campus sexual misconduct rules

The

US department of education

announced on Friday that schools and universities must adopt the policies established during President Donald Trump’s first term, particularly regarding

sexual misconduct investigations

. These policies, which include

live hearings

and enhanced protections for accused students, will replace those implemented under the

Biden administration

.

The guidance clarifies that

Title IX

, the 1972 law prohibiting sex-based discrimination in educational institutions, will be enforced following rules introduced by former education secretary

Betsy DeVos

. These rules, which govern how schools handle misconduct complaints, have been in effect since 2020 and outline a detailed process for investigating and resolving disputes between students.

This shift follows a federal court ruling in Kentucky on January 9, which overturned Biden's Title IX revisions. The judge determined that the Biden administration’s updates, which expanded Title IX to cover sexual orientation and gender identity, overstepped presidential authority and violated free speech rights by compelling schools to honour students’ preferred pronouns.
As per the AP, the education department now requires that all ongoing investigations be aligned with the 2020 DeVos rules. This includes the continuation of practices such as live hearings, where students can cross-examine each other with legal representation. The Biden-era guidelines, which eliminated this requirement, had been widely criticised by due process advocates, who argue the old rules ensure fairness for both the accused and the accuser.

Tyler Coward, from the Foundation for Individual Rights and Expression (FIRE), praised the return to the 2020 rules, stating, “The return to the 2020 rules ensures that all students — whether they are the accused or the accuser — will receive fair treatment and important

procedural safeguards

.”
Critics, however, argue that the Trump-era rules, particularly the live hearing requirement, will deter victims of sexual violence from coming forward. Emma Grasso Levine, from

Know Your IX

, expressed concern that these changes leave many vulnerable students, including LGBTQ+ individuals and survivors of assault, without necessary protections.
The memo issued by the education department also highlighted the department’s responsibility to enforce these rules, emphasising the role of presidential authority. The rules reduce schools’ liability, holding them accountable only if they act with “deliberate indifference” to the misconduct.