Biden and Title IX

Executive Orders / Department of Education Releases

Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (January 20, 2021)

Executive Order on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government (January 20, 2021) (includes revocation of September 2020 Executive Order “Combatting Race and Stereotyping”)

Executive Order on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity (March 8, 2021)

OCR Announcement of Comprehensive Review of Title IX Regulations (April 6, 2021)

Department of Education Blog – “Let’s Talk about Title IX” (April 20, 2021)

U.S. Department of Education Confirms Title IX Protects Students from Discrimination Based on Sexual Orientation and Gender Identity (June 16, 2021)

OCR Questions and Answers on the Title IX Regulations on Sexual Harassment (July 2021)

Department of Education Letter Regarding Court Ruling Vacating Title IX Regulation Restricting Postsecondary Schools’ Use of Statements by Parties and Witnesses (August 24, 2021)

OCR Back to School: Supporting Educational Environments Free from Discrimination: A Resource Collection for Elementary and Secondary Schools (September 2021)

OCR Back to School: Supporting Educational Environments Free from Discrimination: A Resource Collection for Postsecondary Institutions (September 2021)

Statement from Secretary Miguel Cardona on the Confirmation of Catherine Lhamon as Assistant Secretary for the Office of Civil Rights (October 20, 2021)

Significant Caselaw

Bostock v. Clayton County (2020)

Du Bois v. Board of Regents of University of Minnesota (8th Cir. 2021) (addressing retaliation claims for participants in Title IX process)

Doe v. Stonehill College (D. Mass. February 23, 2021) (case with pre-August 2020 conduct/processes – “The text of Title IX does not require a live hearing with cross-examination or any other particular procedure”)

Thomas v. University of Nebraska (D. Neb.) (DOJ filing a Statement of Interest on “the legal standards governing peer sexual harassment and retaliation claims for damages under Title IX”)

Victim Rights Law Center v. Devos (D. Mass.) finding 34 C.F.R. 106.45(b)(6)(i) to be arbitrary and capricious (July 28, 2021); vacating 34 C.F.R. 106.45(b)(6)(i) and remanding to the DOE (August 10, 2021)

Transgender Litigation

Soule v. Connecticut Assocation of Schools (D. Conn. April 25, 2021) (dismissing lawsuit requesting ban of transgender student athletes from participating on sports teams that match their gender identity)

Jackson v. West Virginia State Board of Education (S.D. W.Va) (Department of Justice filed a Statement of Interest on June 17, 2021)

Other Developments / Resources

Letter from 115 Members of Congress to Secretary Cardona Requesting That New Title IX Regulations Be Undone

“Biden Is Taking a Fresh Look at Title IX. Here’s What to Expect.” The Chronicle of Higher Education (April 6, 2021)

ACLU’s Tracker of Legislation Affecting LGBT Rights Across the Country

EEOC “Sexual Orientation and Gender Identity (SOGI) Discrimination”

Top Members of Administration

Dr. Jill Biden, First Lady

Dr. Miguel Cardona, Education Secretary

Suzanne Goldberg, Office for Civil Rights – Acting Secretary

Michelle Asha Cooper, Office for Civil Rights – Acting Assistant Secretary for Post Secondary

Catherine Lhamon, Domestic Policy Council