It’s not clear, though, how he will go about it. Unraveling a regulation that is already in place may require a second complex rulemaking process.
On Monday, Biden will sign an executive order directing the Education Department to evaluate whether the DeVos regulation is “consistent with the policies” of the Biden administration, administration officials said Sunday. That’s the first step toward a fresh policy.
The order also directs the agency to review other regulations, orders, guidances or policies to see whether they are consistent with the administration’s policy to “guarantee education free from sexual violence,” officials said.
The administration officials spoke on the condition of anonymity because the executive order was not yet issued.
As a candidate, Biden said he would revive Obama-era guidance to schools on how to investigate sexual harassment and assault under the federal civil rights law known as Title IX. That guidance did not carry the force of law, and DeVos rescinded it in 2017.
Some of Biden’s allies expect his administration will seek to replace DeVos’s formal regulation with one of its own.
The DeVos system mandated a judicial-like process in which the accused has the right to a live hearing and to cross-examine accusers, providing what supporters see as much-needed due process protections. Opponents argued it would allow assailants and schools to escape responsibility and discourage victims from coming forward.
On Monday, Biden also planned to sign a second executive order establishing the White House Gender Policy Council, officials said. The council, with a dedicated staff of four, is meant to span the administration, reviewing domestic and foreign policy and programs with an eye toward “full participation of all people,” regardless of gender, an administration official said.
A similar office existed in the Obama administration called the White House Council on Women and Girls. The Biden version was renamed to refer to gender, partly to signal that issues of transgender people would be included, an official said.
Gender discrimination can happen to “people of all genders,” the official said. “There will be a focus on women and girls, but the choice of the name of the council is really intentional.”
Issues the council plans to address include sexual harassment, family caregiving, gender-based violence and gender equity globally. One official called it a “whole of government approach” and said it would also address how gender issues interact with issues of racial equity.
Biden is expected to deliver remarks Monday for International Women’s Day, and the orders were timed to coincide with the event.
March 08, 2021 at 05:00PM
https://www.washingtonpost.com/education/biden-title-ix-campus-sexual-assault/2021/03/08/1fce95f2-7fa9-11eb-9ca6-54e187ee4939_story.html
Biden directs fresh review of Title IX rule on campus sexual assault - The Washington Post
https://news.google.com/search?q=fresh&hl=en-US&gl=US&ceid=US:en
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