The Trump administration announced its 2020 Title IX rulings would be reinstated after the Biden administration’s 2024 Title IX rulings were overturned in federal court on Jan. 31.
The Department of Education and the Office for Civil Rights must comply with Trump’s executive order: “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” according to a letter published last week from Acting Assistant Secretary for Civil Rights Craig Trainor.
The executive order and Title IX ruling recognize only two sexes that are assigned at birth: male and female.
BU’s sexual misconduct policy contains a notice of non-discrimination that affirms an individual’s gender identity or expression and ensures a commitment to “fostering an environment free from sexual misconduct, or sex- or gender-based harassment, and discrimination.”
BU’s sexual misconduct policy is reliant on federal Title IX policies and is divided into two categories: sexual misconduct that is covered by federal Title IX laws and general sexual misconduct, with conduct that falls under both being governed by Title IX procedures.
“The distinction between sexual misconduct governed by Title IX and other sexual misconduct is relevant because procedures for resolving complaints differ in important ways whether Title IX applies or not,” according to the BU Policies webpage.
“We’re reviewing and assessing the recent executive orders and policy changes we are hearing from the new administration,” said BU Spokesperson Colin Riley.
It’s On Us Boston University, a chapter of an organization that fights against sexual assault on college campuses, reiterated its commitment to supporting students of all identities, according to an email to The Daily Free Press.
“During a time when laws and policies are in flux on a federal level, our goal as a student group is to advocate for all students on campus to help ensure that their rights are protected despite the current Title IX policy,” It’s On Us wrote.
It’s On Us also highlighted a bill from the Every Voice Coalition in Massachusetts, signed into law by former Governor Charlie Baker in 2021.
According to the coalition, the bill provides “comprehensive measures to combat sexual violence and support survivors studying at Massachusetts’ private, public, and community colleges and universities.”
The bill states when filing a complaint on sexual misconduct, individuals must respect others’ gender expression and gender identity.
“I would hope that the university doesn’t move away from focusing on making this a more inclusive place where people feel safe to go, especially marginalized people,” said Nina Gulbransen, president of the BU College Democrats.
Gulbransen said she wouldn’t be surprised if BU began to “roll back some of that” under “duress” of losing federal funding.
“These are all moves to move away from protecting people and move toward a less inclusive and less safe environment,” Gulbransen said. “That obviously extends to universities that receive federal funding and want to stay in compliance with how they’re proceeding legally, and in their priorities.”
Vice President of BU College Republicans Grace Price said she can understand why the Trump administration is returning to the 2020 rulings, “especially because they differentiate between sex and gender.”
“I think that a lot of people, and a lot of Democrats, really confuse the two, and they think that whatever they think about themselves is the biological truth, and that’s just not accurate,” Price said.
Price said she does not believe that BU will treat sexual assault cases any differently after a return to the 2020 rulings.
“BU is its own private company and can do whatever they want, and especially based on the liberal and the LGBT population here on campus, I doubt anything’s going to change on [the University’s] end,” Price said. “If anything is going to change on their end, it’s going to be a check in a box and not really apply to anything else.”
Regarding Biden’s 2024 Title IX rulings that allowed a person to categorize their harassment based on their own gender identity, Price said building a case around one’s gender identity is “looking at the wrong thing.”
“I don’t think it has to do with somebody’s gender identity, I think it has to do with the kind of person that would do that to another human,” she said.
Gulbransen said the change will be “incredibly harmful.”
“That could be extended further to weaken the protections we have for women, [and] the protections we have for people of color,” Gulbransen said. “If we roll back the progress we’ve made we’re obviously going to go back to where universities were able to discriminate without much consequence.”
