Equality Caucus Applauds Biden Admin's New Title IX Rule

­­­WASHINGTON, DC — Today, the Congressional Equality Caucus released the following statement after the Department of Education released a final rule updating the regulations that implement Title IX of the Education Amendments Act of 1972:

“Every student deserves to feel safe both on and off campus, free from the threat of discrimination or harassment,” said Rep. Mark Pocan (WI-02), Chair of the Congressional Equality Caucus. “I applaud President Biden and his administration for their commitment to defending LGBTQI+ students’ right to a safe and affirming learning environment. This rule codifies critical nondiscrimination protections for LGBTQI+ students and expands protections for survivors of sexual violence, regardless of their identity. I urge the Administration to build upon this rule’s commitment to nondiscrimination by quickly finalizing regulations that clarify schools’ obligations to allow transgender students to participate in athletics.”

BACKGROUND
Title IX prohibits discrimination on the basis of sex in educational programs and activities that receive federal funding.

Today, the Department of Education finalized a rule that explicitly clarifies that Title IX’s prohibition on discrimination on the basis of sex includes discrimination on the basis of sexual orientation, gender identity, sex characteristics, and sex stereotypes, as well as pregnancy or related conditions. The rule also makes clear that sex-based harassment includes sexual harassment and harassment based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, or gender identity, that is quid pro quo harassment, hostile environment harassment, or sexual assault, dating violence, domestic violence, or stalking. In addition, the rule makes significant changes to ensure schools are properly addressing sex-based harassment, including sexual violence. Although sexual violence affects people of all identities, federal data shows that LGBQ+ youth and trans youth are more likely to have experienced sexual violence than their straight and cisgender counterparts.

An unofficial version of the final rule is available on the Department of Education’s website here.

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

The final rule does not include new regulations governing eligibility criteria for athletic teams, including for transgender students.