Morning Wire Biden’s Radical Overhaul of Title IX | Saturday Extra
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Apr 27, 2024 
In this discussion, Sarah Parshall Perry, Senior Legal Fellow at the Heritage Foundation, dives into the Biden Administration's sweeping changes to Title IX. She highlights how gender identity is now included in the definition of sex, raising questions about due process in sexual misconduct cases. Perry explores the implications for educational institutions, from access to facilities to the governance of sports. The conversation also touches on potential Congressional challenges and the impact of new regulations on fairness in investigations.
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Title IX Changes
- Title IX, prohibiting sex discrimination in federally funded education, has been significantly altered.
- The definition of sex now includes gender identity, sexual orientation, and pregnancy-related conditions (including abortion).
Due Process Concerns
- The process for investigating sexual harassment on campuses has reverted to a single-investigator model.
- This model lacks standard due process protections, raising concerns about fairness and potential bias.
Scope of Title IX
- Title IX applies to any educational program receiving federal funding, not just athletics in public universities.
- This includes K-12 schools, private colleges, charter schools, and even trade schools.