By SUSAN JONES
On Aug. 1, the Biden administration’s new Title IX regulations went into affect at many U.S. colleges and universities, but not at Pitt or at the numerous schools that fall under injunctions temporarily blocking the Education Department rules.
The new rules have several changes from those implemented in 2020 during the Trump administration, but the provisions that are being challenged have to do with expanding prohibited sex-based discrimination to include gender identity.
In June, a federal judge in Kansas blocked the U.S. Education Department from enforcing its new regulations in Alaska, Kansas, Utah and Wyoming, which had sued to stop the new rules. He also extended the order to cover any school attended by children of Moms for Liberty members or by members of two other conservative organizations — Young America’s Foundation and Female Athletes United. All three groups also had sued to stop enforcement of the Biden administration rules.
That’s where Pitt and more than 670 other institutions across 50 states — including 364 schools in states, like Pennsylvania, that are not suing the Education Department over the rules — come into the picture, according to a report in Inside Higher Education.
Vanessa Love, director of Civil Rights & Title IX in Pitt’s Office of Equity, Diversity and Inclusion, said the University falls under the Kansas judge’s injunction because it has a student who is a member of Female Athletes United, which advocates against allowing transgender athletes who were born male to participate in women’s sports.
For now, Pitt is “in a holding pattern until that injunction is lifted,” Love said. The University continues to operate under the rules put in place in 2020 during the Trump administration.
“We've worked on a draft policy to be in line with the new regulations,” Love said, “but we won't be implementing that policy until the injunction is lifted.”
Last week, the Supreme Court declined to allow some of the new rules to take affect in the states under injunction as the legal challenges continue over including gender identity in sex-based discrimination regulations.
“It's important to say that we have policy guidance in place,” said Clyde Wilson Pickett, vice chancellor for equity, diversity and inclusion. “I don't want folks to think is we don't have policy that's guiding our efforts.”
Those policies can be found on the diversity office’s website. In addition to the Title IX rules, Pitt has its own student code of conduct.
Some of the policies under the 2020 Title IX rules that would be lifted under the new regulations include:
-
A more restrictive definition of sexual harassment or violence, that it must be severe and pervasive.
-
A live hearing process where the accused can question the complainant.
-
Limits that say only current students can report incidents and schools can’t take action if incidents occur off campus, including in off-campus housing.
The new rules also cover accusations of sex stereotyping and of discrimination or harassment based on pregnancy or pregnancy planning status.
Susan Jones is editor of the University Times. Reach her at suejones@pitt.edu or 724-244-4042.
Have a story idea or news to share? Share it with the University Times.