Since 1972 Title IX “prohibits discrimination on the basis of sex in any education program or activity offered by a recipient of federal financial assistance.”
Now, President Biden wants to change the law by including the bathroom, locker room and all other highly politicized transgender issues into the Title IX by issuing the Executive Order saying “Children should be able to learn without worrying about whether they will be denied access to the restroom, the locker room, or school sports.”
Betsy DeVos, the former education secretary in alarming voice spoke to Fox News and anyone else who’d listen. She pointed out that Biden’s policy banishes an existing requirement that schools apply the same standard for adjudicating sexual misconduct on the part of faculty as that of students. The reason? Some union collective bargaining agreements provide protections for faculty that a school may not want to extend to students.
Biden’s policy undermines due process: it eliminates cross examination of witnesses and includes trials in secrecy! The judge is also the investigator!
The proposal would eliminate other procedural protections, allowing schools to conceal evidence used against a student, to lower the burden of proof to the lowest possible bar (known as preponderance of the evidence, or merely “more likely than not”), and to make adjudications in secret instead of a live forum.
Biden’s rule violates basic human rights and has an un-American outcome: if a student is accused for sexual harassment in school and if both the accused student and supposed victim agree that no offense was committed, it still isn’t enough to stop a school from initiating a full-blown Title IX proceeding against the accused student.
Furthermore, anyone, including a stranger may allege that sexual assault or harassment occurred and the prosecution of the student continues. How can anyone be expected to be treated fairly if no one involved believes anything happened? Talking about creating opportunities for abuse of process and complete chaos in schools!
Biden’s Rule to change Title IX includes language that a yet-unreleased rule will address the interactions between this rule’s definition of sex as “gender identity” and “students’ eligibility to participate on a particular male or female athletics team.
The attack on female sports and degradation of common human dignity in education is the final nail in the coffin for parents and students.
Extremism of the democrats running our government as exemplified by this rule change will have the ever lasting damage to many children and families.