Biden begins to undo Trump’s changes to Title IX, including how colleges investigate sexual assault.

Biden begins to undo Trump’s changes to Title IX, including how colleges investigate sexual assault.

President Biden on Monday directed the Education Department to conduct an expansive review of all policies on sex and gender discrimination and violence in schools, effectively beginning his promised effort to dismantle Trump-era rules on sexual misconduct that afforded greater protections to students accused of assault.

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With two executive orders — one ordering the new education secretary to review those policies, and the other establishing a gender-focused White House policy council — Mr. Biden, an author of the Violence Against Women Act, waded into an area that has been important to him but has been politically charged for more than a decade.

The Obama administration issued guidance to schools, colleges and universities that critics in and out of academia said leaned too heavily toward accusers and offered scant protections or due process for students and faculty accused of sexual harassment, assault or other misconduct. The Trump administration swept those aside and delivered the first-ever regulations on sexual misconduct, which many saw as swinging too far the other way, offering the accused too much power through guaranteed courtlike tribunals and cross-examination of accusers.

It is unclear whether Mr. Biden’s review of all policies under Title IX, a 1972 law that prohibits sex-based discrimination in federally funded schools, will return the rules to the Obama administration’s approach or find some middle ground that incorporates lessons from the last two administrations. When asked what direction Mr. Biden might take, a White House official said on Monday that the executive order “speaks for itself.”

“We’re looking for a process that does not turn us into courts, that allows us to treat both sides fairly and equally, and does not attempt to micromanage campus proceedings,” said Terry W. Hartle, a senior vice president of the American Council on Education, which represents 1,700 college and university presidents and executives in higher education.

However the process proceeds, it is sure to illustrate just how much Title IX has become a political cudgel in the culture wars over sex, gender and education.

With two executive orders — one ordering the new education secretary to review those policies, and the other establishing a gender-focused White House policy council — Mr. Biden, an author of the Violence Against Women Act, waded into an area that has been important to him but has been politically charged for more than a decade.

The Obama administration issued guidance to schools, colleges and universities that critics in and out of academia said leaned too heavily toward accusers and offered scant protections or due process for students and faculty accused of sexual harassment, assault or other misconduct. The Trump administration swept those aside and delivered the first-ever regulations on sexual misconduct, which many saw as swinging too far the other way, offering the accused too much power through guaranteed courtlike tribunals and cross-examination of accusers.

It is unclear whether Mr. Biden’s review of all policies under Title IX, a 1972 law that prohibits sex-based discrimination in federally funded schools, will return the rules to the Obama administration’s approach or find some middle ground that incorporates lessons from the last two administrations. When asked what direction Mr. Biden might take, a White House official said on Monday that the executive order “speaks for itself.”

“We’re looking for a process that does not turn us into courts, that allows us to treat both sides fairly and equally, and does not attempt to micromanage campus proceedings,” said Terry W. Hartle, a senior vice president of the American Council on Education, which represents 1,700 college and university presidents and executives in higher education.

However the process proceeds, it is sure to illustrate just how much Title IX has become a political cudgel in the culture wars over sex, gender and education.

With two executive orders — one ordering the new education secretary to review those policies, and the other establishing a gender-focused White House policy council — Mr. Biden, an author of the Violence Against Women Act, waded into an area that has been important to him but has been politically charged for more than a decade.

The Obama administration issued guidance to schools, colleges and universities that critics in and out of academia said leaned too heavily toward accusers and offered scant protections or due process for students and faculty accused of sexual harassment, assault or other misconduct. The Trump administration swept those aside and delivered the first-ever regulations on sexual misconduct, which many saw as swinging too far the other way, offering the accused too much power through guaranteed courtlike tribunals and cross-examination of accusers.

It is unclear whether Mr. Biden’s review of all policies under Title IX, a 1972 law that prohibits sex-based discrimination in federally funded schools, will return the rules to the Obama administration’s approach or find some middle ground that incorporates lessons from the last two administrations. When asked what direction Mr. Biden might take, a White House official said on Monday that the executive order “speaks for itself.”

“We’re looking for a process that does not turn us into courts, that allows us to treat both sides fairly and equally, and does not attempt to micromanage campus proceedings,” said Terry W. Hartle, a senior vice president of the American Council on Education, which represents 1,700 college and university presidents and executives in higher education.

However the process proceeds, it is sure to illustrate just how much Title IX has become a political cudgel in the culture wars over sex, gender and education.