https://www.wsj.com/articles/bidens-title-ix-rewrite-is-an-assault-on-womens-rights-schools-protected-speech-education-harassment-11654114281?mod=opinion_lead_pos6
“Out of a single sentence barring discrimination on the basis of sex, the Biden administration is illegally rewriting federal law to erase women and undermine constitutional liberties. Because the scope of the proposed rules is so vast, and its implementation is being managed by bureaucrats behind the scenes, average Americans may not have noticed. They need to wake up.”
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.