On March 8, 2021, President Joe Biden signed the "
Executive Order on Guaranteeing an Educational Environment Free
from Discrimination on the Basis of Sex, Including Sexual
Orientation or Gender Identity," making clear his
administration's intention to implement changes to the
regulations issued on May 6, 2020 (effective August 14,
2020), by the U.S. Department of Education, regarding the handling
of sexual misconduct allegations under Title IX of the Education
Amendments of 1972.
The executive order reads in relevant part that "[i]t is
the policy of [Biden's] Administration that all students should
be guaranteed an educational environment free from 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." The executive order directs the secretary of
education, in consultation with the attorney general of the
