LANSING, Mich. (Michigan News Source) — The University of Michigan’s efforts to revise its Sexual and Gender-Based Misconduct Policy have hit a roadblock due to ongoing federal lawsuits, according to The University Record. Specifically, these legal battles have put the U.S. Department of Education’s new Title IX regulations on hold, delaying the university’s planned policy changes aimed at enhancing “protections for LGBTQ+ and pregnant students.” 

Established in 1972, Title IX declares that “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance,” as stated on the U.S. Department of Education website.  

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The Department of Education’s April 2024 amendments to Title IX, however, seek to extend protections based on sexual orientation and gender identity. According to Moms for Liberty, a nonprofit which advocates for parental rights in education, these updated regulations also enhance protections for students who are pregnant or postpartum, reinforce anti-retaliation measures, and introduce new grievance and due-process protocols. 

While the Title IX regulations were scheduled to take effect on August 1, federal court orders have temporarily halted their implementation in several states, including Michigan. Consequently, U-M’s Ann Arbor, Dearborn, and Flint campuses must continue to operate under the 2020 Title IX regulations and existing university policies until further judicial decisions are made. 

Under the current policy, only certain designated individuals are required to report allegations of misconduct to the University of Michigan’s Equity, Civil Rights, and Title IX (ECRT) Office within 48 hours of receiving the information. 

The proposed changes would expand this obligation to include all non-confidential employees, requiring them to report any alleged sexual or gender-based misconduct to the Title IX coordinator within the ECRT.

According to the U-M website, the ECRT office “facilitates and supports the U-M’s efforts to ensure equal opportunity for all persons regardless of race, color, national origin, age, marital status, sex, sexual orientation, gender identity, gender expression, disability, religion, height, weight, or veteran status in employment, educational programs, and activities and admissions.”

Beyond Michigan, the contentious nature of the 2024 Title IX regulations has incited a national debate on gender identity and due process within educational institutions.

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Former Secretary of Education Betsy DeVos has been a vocal critic of the Obama-Biden Administration’s approach to Title IX. In her words, “In 2016 the Obama-Biden Administration decided that the word ‘sex’ in Title IX didn’t mean ‘sex’ as in male and female. It meant ‘gender identity’—you know, transgender, genderqueer, non-binary, and all that.” 

In a video she recorded for Prager U on Oct. 9, 2023, DeVos argued that this new interpretation of Title IX undermines the original intent of the law, which was passed almost 50 years ago in order to ensure equal opportunities for women. 

She also criticized the Obama-Biden administration’s policies on sexual assault cases, saying: “In 2011, it sought to address what it perceived to be a sexual assault problem on college campuses. Fair enough. But rather than focusing on prevention … The Administration used Title IX and its language about preventing discrimination against women as the basis for discriminating against men.” 

She continued: “They did this by requiring schools to assume that the accused in a sexual assault case—mostly men, but not always—was guilty until proven innocent … It’s unfair, it’s unjust, and it’s un-American.”