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Saturday, November 2, 2024

Attorney General Bonta Moves to Dismiss Title IX Lawsuit in Light of Release of the Biden Administration’s Final Title IX Rule

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Attorney General Rob Bonta | Official website

Attorney General Rob Bonta | Official website

Attorney General Rob Bonta, alongside New Jersey Attorney General Mathew J. Platkin and Pennsylvania Attorney General Michelle A. Henry, have announced their decision to move for the dismissal without prejudice of the lawsuit Pennsylvania, et al v. Cardona (D.D.C). This lawsuit challenged the Trump administration's rollback of Title IX, with the coalition of 18 attorneys general now seeking dismissal in light of the Biden Administration's release of a new final Title IX rule.

"I am pleased that the Biden Administration’s rule reverses the severe flaws of the previous rule by restoring and strengthening Title IX protections against discrimination — including sexual violence and harassment. Thanks to this important move, we no longer need to fight the Trump-era rulemaking in court," expressed Attorney General Bonta. He further emphasized the importance of protecting students against discrimination based on sexual orientation, gender, and gender identity, stating, "Students are entitled by law to protections against sexual harassment and forms of discrimination based on sexual orientation, gender, and gender identity. I applaud the Biden Administration’s effort to correct injustices from the Trump era. Students will be decision-makers in the future, we must protect them at all costs."

The new Title IX rule, released on April 19, 2024, addresses the issues raised in the ongoing litigation, restoring strong protections against sexual harassment and assault while providing critical protection against discrimination for LGBTQ+ and pregnant, and parenting students. The rule aims to better effectuate Title IX, align with congressional intent, and improve the sexual violence and harassment complaint process for students in colleges and K-12 schools.

Furthermore, the new Title IX rule reinforces critical protection against discrimination based on gender identity, sexual orientation, and pregnant and parenting status. It aims to ensure a prompt and equitable resolution process for all students, aligning Title IX's sexual harassment standards with higher education proceedings.

This move to dismiss the lawsuit comes as a significant development in the ongoing efforts to protect students from discrimination and harassment in educational settings, marking a positive step towards upholding the principles of Title IX.

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