Obama’s administration never drafted formal rules on the issue, but issued guidance documents in 2011 and 2014 that attempted to capture the entire universe of sexual harassment claims and remedies, and the department’s enforcement purview.
The rules proposed on Thursday were widely viewed as a victory for critics of the Trump-era rules, particularly by advocates for sexual assault survivors, who had assailed the Trump rules as too stringent and potentially traumatizing or obstructive for victims.The proposal expands the definition of what constitutes sexual harassment, and the types of episodes that schools are obligated to address and investigate — to include, for example, incidents that took place off campus or abroad, as well as incidents that create a “hostile environment.” The new rules would also roll back the most controversial of Ms.The Biden proposal to define sex-based discrimination and harassment to include “stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity,” is likely to become the bigger lightning rod.The rules come as a debate over transgender students’ participation on sports teams roils statehouses and school boards across the country.The proposed rules do dictate that “preventing someone from participating in school programs and activities consistent with their gender identity would cause harm in violation of Title IX,” but do not directly address the issue of denying transgender students the opportunity to play on sports teams that correspond to their gender identityThe rules also come after a handful of incidents reported in recent weeks that signaled hostility toward schools that have sought to uphold the rights of transgender students