January fireworks will erupt in Congress when new Department of Education (DOED) Title IX rules come under review and debate. Title IX governs how sexual misconduct cases are handled on campuses that receive federal funds. The old rules, based on the 2011 dear colleague letter, are a legacy from Obama and feminism; that legacy has been rescinded, largely over concerns about its lack of due process.
Enacting the new Title IX regulation does not require a vote. But it will prompt a congressional ruckus that continues the culture clash engulfing America. Opponents will assume women are the victims of men, with the new rules favoring the latter. Advocates will argue that a return to due process benefits both women and men.
New Title IX benefits women
In a recent Inside Higher Education article, Professor of Political Theory Meg Mott commented on the substantial powers the new rules grant to survivors. Accusers have far more power to choose alternative paths of resolution. Under Obama-era guidelines, accusers had no choice in whether or not to report a case once it was known. Faculty and staff were required to file an official report, even if the accuser objected.