Biden Administration Asks Supreme Court to Allow Partial Title IX Rule Enforcement Where Blocked

The Biden administration has filed an appeal to the Supreme Court, seeking to partially enforce a new Title IX rule that aims to bolster protections for students accused of sexual assault. The rule, which was blocked by a federal judge in Texas in August 2023, would require colleges and universities to adopt a more stringent standard of evidence in sexual assault cases, shifting the burden of proof onto the accused and allowing victims to participate more actively in proceedings.
The administration argues that the rule, which was finalized in June 2020, is necessary to ensure fair and impartial investigations of sexual assault on college campuses. They contend that the rule is based on “well-established principles of due process” and is consistent with previous Supreme Court rulings.
The appeal specifically seeks to overturn the ruling that halted enforcement of certain aspects of the rule, including the requirement for schools to use a “preponderance of the evidence” standard in disciplinary proceedings. This standard, which requires the accuser to prove their claim is more likely than not, is considered a less demanding standard than the “beyond a reasonable doubt” standard used in criminal cases.
Opponents of the rule, including the state of Texas and numerous conservative groups, argue that the new standards unfairly burden the accused and could lead to false accusations. They claim that the rule would undermine due process rights and create a hostile environment for students accused of sexual assault.
The Supreme Court’s decision on the appeal could have significant implications for how colleges and universities handle sexual assault cases nationwide. If the Court sides with the Biden administration, the rule will likely go into effect, potentially leading to a shift in the balance of power in disciplinary proceedings.
However, if the Court upholds the lower court’s decision, the Biden administration’s efforts to strengthen Title IX protections would face a major setback. The outcome of the case could also influence future efforts to address sexual assault on college campuses, potentially impacting the way universities handle these sensitive cases.
The Supreme Court’s decision is expected to be announced in the coming months, and the case is sure to be closely watched by advocates on both sides of the issue.