Biden signs executive order in move toward revoking rule aimed at preserving due process

A new Executive Order signed by President Joe Biden directs the Department of Education to reevaluate the Trump administration’s Title IX rule, which requires colleges to provide due process for all students. 

The EO directs new Education Secretary Miguel Cardona to take a fresh look at the rule. It also tells the Education Department to consider taking actions that “account for the significant rates at which students who identify as lesbian, gay, bisexual, transgender, and queer (LGBTQ+) are subject to sexual harassment, which encompasses sexual violence.”

[RELATED: Sen. Mike Lee counters Biden transgender athlete executive order with new legislation]

Biden campaigned on the promise of revoking the Title IX rule and restoring President Barack Obama’s 2011 “Dear Colleague” Letter, which is widely regarded to have resulted in “kangaroo courts” that find accused students guilty without due process. 

More than 600 students sued their schools over a perceived lack of due process pertaining to Title IX proceedings, as noted by The Federalist. 

Though a Dear Colleague Letter does not carry the force of law, the Title IX rule is legally binding. It is the product of a long and detailed process - which involved more than 120,000 comments from the public - that cannot be undone without a similar process that would likely take years, as noted by Education Dive.

[RELATED: Trump administration ‘restores due process’ with new campus sexual assault regs]

DeVos’ Title IX rule has proved has withstood legal scrutiny. 

At least 18 Attorneys General sued in an attempt to overturn the rule. 

This follows President Biden’s Executive Order - issued on his very first day in office - that paves the way for transgender women (biological men) to compete in women’s sports and use women’s restrooms and locker facilities. 

Follow the author of this article on Twitter: @AngelaLMorabito