US Colleges Return to Campus Sexual Assault Rules Created During Trump’s First Term
New Guidance Issued by Education Department
The Education Department has clarified that schools and universities must return to policies created during President Donald Trump’s first term, with requirements for live hearings and more protections for accused students, according to new guidance issued Friday. The guidance is a major victory for advocates who had been critical of the Trump administration’s approach to handling sexual misconduct allegations on campus.
Revival of 2020 Rules
The new guidance advises that schools should return to the rules created by former Education Secretary Betsy DeVos in 2020. These rules governed how complaints of misconduct are investigated and how to settle cases where students present differing accounts. The 2020 rules were designed to provide more protections for accused students, including the right to a live hearing, where they can cross-examine their accusers through an adviser.
Biden Administration’s Changes
In contrast, the Biden administration had sought to overhaul the rules and expand Title IX to protect LGBTQ+ students. The Biden administration’s 2021 rules expanded the definition of sexual harassment and introduced new provisions to protect students who experience harassment based on their gender identity.
Federal Judge’s Ruling
A federal judge in Kentucky overturned the Biden administration’s rules on January 9, 2025, saying that they were a presidential overstep and violated constitutional free speech rights by telling schools to honor students’ preferred pronouns.
Frequently Asked Questions
Q: What are the new rules on campus sexual assault?
A: The new rules require schools to return to the 2020 rules, which provide more protections for accused students, including live hearings and the right to cross-examine accusers.
Q: What happened to the Biden administration’s rules?
A: The Biden administration’s rules were overturned by a federal judge in Kentucky, who found that they were a presidential overstep and violated constitutional free speech rights.
Q: What is the significance of the new guidance?
A: The new guidance is a major victory for advocates who had been critical of the Trump administration’s approach to handling sexual misconduct allegations on campus. It ensures that schools will continue to provide more protections for accused students and will likely lead to a more balanced approach to addressing campus sexual misconduct.
Q: What does this mean for students?
A: For students, this means that the rules that govern how sexual misconduct allegations are investigated and resolved will be more favorable to accused students, providing them with more protections and due process.
Q: What is the significance of the Trump administration’s return to the 2020 rules?
A: The Trump administration’s return to the 2020 rules is significant because it signals a major shift in the way campus sexual misconduct allegations are handled. It is a step back from the more progressive approach taken by the Biden administration and a victory for those who believe that accused students should have more protections and due process.
