Democratic Women’s Caucus Slams Republicans’ Attack on New Title IX Regulations

Washington, D.C. – Today, Democratic Women’s Caucus Chair Lois Frankel (FL-22) and Vice Chairs Nikema Williams (GA-05) and Teresa Leger Fernández (NM-03) condemned House Republicans’ vote to repeal the Biden administration’s newly established Title IX regulations.

“Republican efforts to revert to the draconian Trump-era Title IX regulations are misguided and inequitable. Every student deserves access to schools that are safe and welcoming, free from discrimination,” said DWC Chair Frankel. “The new Biden Title IX regulations create a more inclusive, responsive, and supportive framework for addressing sex discrimination and sexual harassment in educational settings.”

The Biden Administration finalized a comprehensive update to Title IX regulations in April, effective August 1, 2024, aimed at enhancing protections against sex discrimination in federally funded educational institutions. Key changes include:

1. Expanded Definition of Sex-Based Harassment: The definition now includes harassment based on sex characteristics, stereotypes, sexual orientation, gender identity, pregnancy, and related conditions. The threshold for what constitutes a hostile environment has been lowered from conduct that is both "severe and pervasive" to conduct that is "severe or pervasive."​
2. Off-Campus Conduct: Schools are now responsible for addressing sex discrimination and harassment that occurs off-campus and outside the U.S., provided the conduct is subject to the school’s disciplinary authority or occurs in buildings owned by student organizations recognized by the school​.
3. Reporting and Response Requirements: Schools must respond to any conduct that reasonably constitutes sex discrimination or harassment, not just incidents they are aware of. The rule strengthens reporting obligations for school employees and simplifies the process for initiating investigations​.
4. Grievance Procedures: The regulations provide flexibility, such as allowing a single investigator model and removing the requirement for live hearings in sexual misconduct cases. Plaintiffs can now choose to participate in hearings remotely​.
5. Protections for LGBTQ+ Students: The rule explicitly protects LGBTQ+ students from discrimination based on gender identity or sexual orientation. This includes respecting students' pronouns and restroom use aligned with their gender identity​.
6. Pregnancy and Parental Protections: Schools must provide reasonable accommodations for pregnant students and employees, and the rule expands protections for caregivers, including stepparents and legal guardians​.

The House passed the resolution 210 to 205.

A fact sheet on the rule from the Department of Education is available here.