Revoking the regulation would not be easy, and colleges would need guidance for addressing campus sexual assault in the interim.
Joe Biden has said that, as president, he would dismantle Education Secretary Betsy DeVos’ new regulation governing campus sexual assault.
But doing so would be a lengthy process, and one that would likely spur confusion among colleges. In part that’s because a Biden Education Department could take several paths in administering Title IX, the federal law banning sex discrimination on college campuses. Among them are issuing a new regulation or guidance, or even pushing for new legislation.
Even if his administration pulled the department’s rule entirely, institutions would still need guidelines for investigating and potentially punishing sexual violence. And until new rules or guidance is in effect, they would have trouble figuring out what to follow.