Title IX is a simple anti-discrimination mandate that prohibits federally funded educational institutions from discriminating “on the basis of sex.” Yet, without congressional authorization or other constitutional authority, the Biden administration is writing new Title IX rules to socially engineer every aspect of the educational experience—from student speech and school athletics to high-school locker room use and relationships between adult college students.
These draft rules, leaked to the media in dribs and drabs, have been delayed repeatedly to avoid organized backlash. Behind the scenes, the administration is telling educational institutions that the rules are a fait accompli, demanding enforcement that curtails freedom of speech, due process and women’s rights.
Although Title IX makes no mention of sexual harassment or assault, the Supreme Court has held that a school that tolerates sexual misconduct may be found to have violated Title IX. At the same time, the high court has been clear that most speech (including speech about sex roles) does not rise to the level of unlawful sexual harassment. Unfortunately, before 2020, many universities routinely used Title IX as a club against protected speech, with Northwestern University famously initiating a Title IX investigation against a professor merely for publishing an article that offended some students.
In 2020 Education Secretary
tried to right the ship by issuing a regulation that reiterated the…
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