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United States: President Biden Issues Executive Order Directing U.S. Department Of Education To Reassess Title IX Rules

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On March 8, 2021, the Biden Administration published an Executive Order on “Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity.” In short, the EO requires the U.S. Department of Education to reassess how it directs college campuses to investigate sexual violence – specifically, the 2020 Title IX Rule, 85 FR 30026 – as well as other regulations related to Title IX.

What is Included in the Executive Order?

The Executive Order directs the Secretary of Education, in consultation with the Attorney General, to review all existing regulations, orders, guidance documents, policies, and any other agency actions that may be inconsistent with the Biden Administration’s policies on discrimination on the basis of sex, including discrimination in the form of sexual harassment, which encompasses sexual violence, and including discrimination on the basis of sexual orientation or gender identity. This review is to be provided to the Director of the Office of Management and Budget within 100 days. The review includes the 2020 Title IX Rule and any agency actions taken pursuant to that Rule.

The EO also requires the Department to review existing Title IX guidance and issue new guidance as needed. […]

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