Last week, the Department of Education released a new proposal that changed how Title IX would be implemented in schools that received federal funding.
The proposed rule is titled “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance.”
According to the Department of Education’s release, it would “better align the Title IX regulatory requirements with Title IX’s nondiscrimination mandate, and to clarify the scope and application of Title IX and the obligation of all schools, including elementary schools, secondary schools, postsecondary institutions, and other recipients that receive Federal financial assistance from the Department…to provide an educational environment free from discrimination on the basis of sex, including through responding to incidents of sex discrimination.”
U.S. Sen. Tommy Tuberville (R-Auburn) joined 20 of his U.S. Senate colleagues in a letter to Education Secretary Miguel Cardona, arguing that the new proposal “jeopardizes key protections for victims.”
“The proposed rule also does away with a requirement for live cross-examination,” the senators say, “allowing this same decision maker to simply interview the parties individually to determine the credibility of their stories. Rescinding or revising the existing Title IX regulations jeopardizes key protections for victims and the due process rights of the accused and places institutions back into legal jeopardy.”
The senators argue the new definition of “sex discrimination” under Title IX will just infringe on free speech and the rights of women.
“In addition,” the letter continues, “the proposed rule expands the definition of sex discrimination in a way that is likely to infringe on free speech. Title IX should be celebrated for its legacy of improving outcomes for women and girls in every facet of education. These improvements have come largely from women and girls being able to use their voices to advance their educational opportunities. However, this administration now attempts to destroy that progress in the name of equality. Under the proposed rules, students who hold views about the importance of women’s rights and choose to express them could be accused of sex discrimination.”
Tuberville and his Senate colleagues ask for the new rule to be rescinded and an extension of the comment period.
“Therefore, we ask that you, at a minimum, extend the public comment period by at least 30 days to ensure that the American public has the proper time to review this troublesome attack on due process protections and the expansion of Title IX,” the letter concludes.
Also signing the letter were U.S. Sens. Richard Burr (R-N.C.), John Boozman (R-Ark.), Mike Braun (R-Ind.), Bill Cassidy (R-La,), Tom Cotton (R-Ark.), Kevin Cramer (R-N.D.), Ted Cruz (R-Texas), Steve Daines (R-Mont.), Joni Ernst (R-Iowa), Cindy Hyde-Smith (R-Miss.), James Inhofe (R-Okla.), James Lankford (R-Okla.), Cynthia Lummis (R-Wyo.), Roger Marshall (R-Kans.), Marco Rubio (R-Fla.), Rick Scott (R-Fla.), Tim Scott (R-S.C.), Thom Tillis (R-N.C.) and Roger Wicker (R-Miss.).
Tuberville has been vocal in his opposition to other aspects of Biden’s proposed changes to Title IX and how it could affect women’s sports.
“Allowing biological males to compete in women’s sports will set women’s rights back 50 years, to a time before Title IX,” he argued on the floor of the Senate earlier this year. “It will discourage young girls from entering the court, jumping in the pool, or walking onto the field because they will know they have to compete with the deck stacked against. They can only hope to win second place at best.”