This is a GROSS misrepresentation (and I do mean gross.) In 2020, the Trump administration introduced changes to Title IX that focused on protecting the due process rights of individuals accused of sexual misconduct. These regulations included the right for the accused (and the accuser) to have a live hearing with cross-examination, a requirement that behavior be “severe, pervasive, and objectively offensive” to qualify as sexual harassment, and rights for both parties to receive written notice of the allegations, access to the evidence, and an equal opportunity to present their case.

The Biden administration has proposed (not imposed) revising Title IX regulations, potentially shifting the focus back to a broader interpretation of what constitutes sexual harassment and misconduct. The intent is to make it easier for victims of sexual harassment and assault to report incidents and receive support. Burke has made it clear that she does not consider terrorizing transgender students “objectively offensive”, considering she’s trying to codify into law their federally sanctioned discrimination and abuse, so this rollback would simply be in service of that.

And let’s discuss what “severe” and “pervasive” mean in this context. If a person, say, grabs someone by the pussy, but it was only once, and not in a severe manner, does that not count as sexual harassment under the Trump Administration’s interpretation? Do we not find that “objectively offensive”?

Full contextual analysis of Section 3.2: Department of Education here.